✦ High Court of India · 04 Mar 2025

High Court · 2025

Case Details High Court of India · 04 Mar 2025
Court
High Court of India
Decided
04 Mar 2025
Length
1,275 words

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 an order or direction more particularly one in nature of a writ of mandamus declaring the inaction of Respondent No 4 towards the representations made by the Petitioner more particularly dated 23.03.2024 and 08.06.2024, with regard to non-awarding of compensation for acquiring the land admeasuring 600 square yards in Plot No-213 and 214 situated at Kandlakoi Village, [/edchal-Mandal, Medchal-Malkajgiri District as illegal, arbitrary, unjust and in violation of Articles '1 4, 19, 300A of the Constitution of lndia and Provisions , of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabiritation and *esetrement Act, 2013 and consequenry directing the the n;snonoe.1!..No.4.ro forthwith award .compensation with regard to the acquisition of land-ttmeasulng 600 square yards in plot No.213 and 214 situated at Kandlakoi Village, I\4edchal_Mandal, Medchal-Malkajgiri District, Telangana for formation of Outer Ring Road. l.A.NO:1 oF 2025 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court may be pleased to direct the RespondenrNo.4 to consider the representation of the petitioner herein for awarding compens;ation of land admeasuring 600 square ,/ards in plot No.213 and 214 situated al Kandlakoi Village, Medchal-Mandal, Med ch a l- I\ila I kaj gi ri District, Telangana pending disposal of the present writ petition Counsel for the petitioner : SRI MAyUR MUNDRA Cou.nsel for the Respondent No..l : Gp FOR MCPL ADMN AND URBAN DEVELOPMEN' ffits i,"t8til",f8spondent Nos.2 ro 4 : sMr D.MADHAV|, LEARNED AGp FoR ,, The Court made the following ORDER I i:.- F THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO -+ WRIT PETITION No.6392 of 2025 ORDER: This writ petition is filed seeking the following relief: " ... to issue a Writ Order or direction more partianlarlg one in the nature of Wit of Mandamus declaing the inaction of Respondent No.4 towards the representqttons made bg the Petitioner more particularlg dated 23.03.2024 and O8.O6.2024, with regard to non-anuarding of compensation for acquiing the land admeasurtng 6OO sqtare gards in Plot No.213 and 214 situated_ at Kandlakoi Village, Medchal-Mandal, Medchal-Malkajgii District a.s illegal, arbitrary, unjust and in uiolation of Articles 14, 19, 3O0A of th.e Constitution of Indta and Prouisions oJ The Right to Fair Compensation and Transparencg in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequentlg directing the the Respondent No.4 to fotthluith aluqrd compensation with regard to the acqtisition of land admeasuring 6OO sqtai' gards in Plot No.213 qnd 214 situated at Kandlakoi Village, Medchal-Mandal, Medchat-Malkajgiri Distict, Telangana for fonnation of Outer Ring Road. and pass

2. Heard Sri Mayur Mundra, t' learned counsel for petitioner, learned Assistant Government Pleader for Municipal Administration for respondent No.1 and Smt.D.Madhavi, learned Assistant Government Pleader. for Land Acquisition for respondent Nos.2 to 4.

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

4. Learned counsel for the petitioner submitted that petitioner is the owner and possessor of plots bearing Nos.213 arrd. 2I4, admeasuring 6OO Sq.Yards, situated at Sy.Nos.43 and 2 .1. .-.'9. ,; 53,'niandlal.ii vitlrg., Medchal Mandal, Medchal-Malkajgiri District. While things stood thus, respondent Nos.2 to 4 have taken the possession of the subject properly on 22 'O't '2OO9, fot the purpose of construction of the Outer Ring Road Project' However, respondent Nos.2 to 4 have neither paid compensation nor passecl imy award, as per the provis ions of the Land Acquisition Act, 1894 (for short the Act') or the Right to Fair Compensatiorr and TransparencY in Land Acquisition Rehabilitatior: ald Resettlement Act, 2O13 (for short Act 3O of 2013') and l-h.e same is gross violation of provisions of the Act and Act 30 of 2013. He further submitted that tlie petitioner has approached respondent No.4 and submitted representations dated 23.O3.i1O24 and 08.06.2024, requestirrg him to pay the compensatior:. in respect of the subject property, as per provisions of the Act and Act 3O of 2013. In spite of the same, respondent Nos.2 to 4 have not taken any st€rps to consider the same, withoul any reasons.

5. Learned Standing Counsel submitted that r:espondent Nos.2 to 4 will consider the i-epresentations submitted by the petitioner dated 23.03.2024 and Oa.O6.2OtL4, in accordance , .r , I -1 v 3 with law and requested this Court to grant reasonable time. 6. Having regard to the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that respondent Nos.2 to 4 have acquired the subject propert5r of the petitioner on 22.O4.20Og for the purpose of construction of Outer Ring Road project, however, they have not paid compensation. Subsequent to same, petitioners have submitted representations dated 23 .O3.2O24 before respondent No.4 consideration. and the sarne are P,gndins and 08.06.2024, 7 . Taking into consideration the facts and circumstalces of the case and submissions made by the respective parties, this Court deems it appropriate to dispose of the Writ petition, with a direction to respondent Nos.2 to 4 to consider the representations submitted by the petitioner dated 23.o3 .2024 and 0g.06.2024 and pass appropriate orders in accordance with law, within a period of eight (g) weeks from the date of receipt of a copy of this order, after grwng notice and opportunity to the petitioner, including personal hearing. * , t I I I i 4 . S..j"wltt tile 'abo.re direction, the Writ pet.ition is disposed of. No costs. Miscelianeous petitions, if any, pending jn this writ petition shall stand closed. There shall be order as to costs' //TRUE COPY// SD/- A.V.S PRASAD AR ASSISTANT REGIS SECTION FFICER

1. The Principal Secretary, Municipal Administration ancl Urban Development Departmerlt Secretariat, State of Telangana at Hyderabad.

2. The Metropolitan Commissioner, Hyderabad Metropolitan Develop&lent Authority, H VOA HGCL Office, Nanakramguda, Hyderabad Telangana State- 500 104

3. The Project Director, Hyderabad Metropolitan Development Authority, HN/DA HGCL Officr>, Nanakramguda, Hyderabad, Telangana State- 500 104. 4. The Special Deputy Collector, Land Acquisition, Unit-V, Odler Ring Road Proiect, Hycerabad Metropolitan Development Authority, HIr,4DA HGCL Office, Nanakramguda, Hyderabad, Telangana State- 500 104 5, TWO CCS tO GP FOR MCPL ADMN AND URBAN DE'VELOPIT/F-NT, High Court for the State of Telangana at Hyderabad. [OUT] 6 Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to tlRl IvIAYUR MUNDRA, Advocate [OPUCI L One CC to [)tri'lT D.MADHAVI, Advocate (OPUC) g- Two CD Cot:ies To SA 1y l .1. :c C.C. TODAY 1 g IITAIq q o c-.; 4a 0 7 ri[R 2[25 4 -* -"\j-j *-;::L2 HIGH COURT DATED:0410312025 ORDER WP.No.639it of 2025 DISPOSING OF THE W.P WITHOUT GOSTS. ) ,

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