✦ High Court of India · 25 Feb 2025

High Court · 2025

Case Details High Court of India · 25 Feb 2025
Court
High Court of India
Decided
25 Feb 2025
Length
1,152 words

The State of Telangana, Rep. by its Prl., Secretary, .Revenue Dtpartment, Land. Acquisition Dept., 6r.B.R. Ainbeidkar Secretariat Buildings, Saifabad, Hyderabad The District collector (Land Acquisition), Rajanna skala, Rajanna sircilla District. The Special Collector (Land Acquisition), Sri Ram Sagar Pro.iect, SSP a JCRGLIP, Tarnaka, Hyderabad. The Land Acquisition Officer - Cum - S-p-ecialDeputy.Collector, LA Unit-Vlll, FFC/MMR a Dr. B.R. Ambedkar, PCSSP, Rajanna Sircilla District' ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order, or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 4th Respondent in not referring the applications of the Petitioners ot. 07lo7t2o16 made U/s 64 of Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 to the Authority, in respect of the 1st Petitioner H.No: 1-133, in Sy.No. 338, 2nd Petitioner H.No. 1-135 and 1-7'1t1 in sy.No. 338 and as well as Petitioner No. 3 H.No . 1-1 10 in sy.No. 344 situated at Rudravaiam Village of vemulawada Mandal, Rajanna siricilla District as illegal and aroitraiy action and ilso violative of Art., 14, 16, 21 of the 300-A of the constitution of lndia and provisions of Act 30/2013 and consequently direct the 4th Respondent herein to refer the matter to the Authority U/Sec., 64 of the Land Acquisition Act, 30/2013 forthwith. ' a;a- ,!t .:r lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a direction, direbting the 4th Respondent herein to refer the Application of the Petitioners daled 07.O7.2016, U/sec., 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resetttement Act, 30 o'f 2013 in respect Authority belonging to the 15t Petitioner H.No . 1-133, in Sy.No. 338, 2nd Petitioner H.No. 1-135 and 1-7111 in Sy.No. 338 and as well as Petitioner No. 3 H.l'lo. 1-110 in Sy.No. 344 situated at Rudravaram Village of Vemulawada Mandal, Flajanna Siricilla District forthwith, pending disposal of the Writ petition in the interest of justice. Counsel for the Petitioners: SRI CH. SHIVA KUMAR RAJU Counsel forthe Respondents: SRI SOMU SRINIVAS REDDY, ASST. GP FOR LAND ACQUISITION The Court made the following: ORDER TTIE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETTTION No.5543 of2025 ORDER: This writ petition is filed seeking the following relief : " ... lo issue a Writ Order or direclion more particularly one in the nalure of Writ of Mandamus declaring the action of the 4th Respondent in not refeting the applications of lhe Petitioners Dt.07/07/2016 made U/s 61 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettl,:ment Act 30 of 2013 to the Authorily in respect of the )st Petitioner H.No.l133 in Sy.No. 338, Znd Petitioner H.N1l1135 and 171/l in Sy.No.338 and as u,ell as Petitioner No.3 H-No. I I 10 in Sy.No.344 silualed at Rudravuram l-illage of l/emulawada Mandal, Ruianna Siricillo District as illega! and arbilrary action and also violative o/'Artides 11, 16, 21 of the 300A of the Consritution of India arul provisions of Act 30i2013 und ansequently direct the lth Respondenl herein to refer lhe nutter lo the Authorily U/Sec 64 oJ the Land Acquisition Ac! 30i201 3 .forthwith. "

2. Heard Sri Ch.Shiva Kumar Raju, learned counsel for petitioners and Sri Somu Srinivas Reddy, learned Assistant Govemment Pleader for Land Acquisition for respondent Nos.l to 4.

3. With the consent of leamed counsel for the pafties, the writ petition is being disposed of at the stage of admission.

4. Leamed counsel for petitioners submitted that petitioners' structures were acquired for the purpose of construction of Mid Manair In the said construction, the structures of the petitioners were submerged Respondent No.4 passed aivald vide No.G/749l2007, dated 30.06.2016 .i\ Z and determined rleager compensation and not satisffing with the said compensatiorr, the petitioner submitted application dated 07 .07 .2016, under Section 64 of the Right to Fair Compensation and T'ransparency in Land Acquisition, Rehabilitation and Resettlernent Act,2Ol3 (for brevity 'Act 30 of 2013'), before respondent No.4, requesting him to refer the matter to the competent authority, as per Section 64 of the Act 30 of

2013. In spite of the request made by the petitionerr, respondent No.4 has not taken any steps to consider the same, without giving ary reasons.

5. Learned Assistant Government Pleader submitted that if the application subrnitted by the petitioner, dated 07.07.2016 is in accordance with the provisions of Section 64 ol the Act 30 of 2013, respondent No.4 wilt consider the same and pass appropriate orders in accordance with law and requested this Court to gl'ant reasonable time.

6. Taking into consideration the facts and circumstances of the case and submissi<tns made by the respective parlies rLnd witl-rrtut going into the merits of the case, this Court deems it approprriate to dispose of the Writ Petition, with a direction to respondent No.4 to consider the application submitted by the petitioner dated 07.07.2(.t16 an d pass i 3 appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

7. With the above direction, the Wdt Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/-T. TIRUMALA DEVI T REGISTRAR ASS T //TRUE COPY// S CTION OFFICER To, The State of Tarnaka. Hvderabad.

1. The Prl., Secretary, Revenue Department, Land Acquisition D.ept ' +;ils;h;, 6iilHl nr'ulaxiis5cietariaiauitains-s, sairabad' Hvderabad 2. The Disrrict corrector 1r_anjxd;;iti*i, Brl.e!"j-$rata, Raiannd sircilla District. Rfi sigii project' SSP a JCRGLIP' 3. rhe Special cotlector (t-anoiE"ui;iii#j' a ifilj'ililir'd"*iiiit-,oi om.", - cum - special Deputv.collector' LA unit-vlll' - i'ibiilili';bi. ri.n. AroJot ar, PCSSP, Rajanira sircilli District' s. irni'6c'i"3ni cH.-5HtvA KUr\iiAR RAJU, Advocate [oPUCl 6. Two CCs to cp FoR LAND'itcitjtslTibr.r, rlidn ci,n'rifor th'e state of Telangana 7. Two CD CoPies ';i ' BN BS YY l HIGH COURT DATED:2510212025 CC TODAY ,. 1' ,'-) , r.j ,... -i i-,f- 3I 4 lz-i ?EtlB zffi ( i I ORDER WP.No.5543 of 2025 \_-_ DISPOSING OF THE WRIT PETITION WITHOUT COSTS coP(a\ \o h*

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