✦ High Court of India · 22 Mar 2025

High Court · 2025

Case Details High Court of India · 22 Mar 2025
Court
High Court of India
Decided
22 Mar 2025
Bench
Not available
Length
1,039 words

Acts & Sections

Judgment

2. Nelutla Kanukaiah, S/o. Sayebu, Aged 72 years, Occ. Agrlculture, Rl/o' Cheerlavancha RandR Colony, Sircilla Mandal, Rajanna Sircilla District. ...PETITIONER State of Telangana, Rep.by its Principal Secretary Revenue (Land Acquisition) Depa-rtment, Secreiariat, Tank Bund Roa!' Hy!9r3b-{ . tnd Soecial Deputv Collector, LA., Unit-Vll, FFCiIMIVR and DR BR Ambedkar PCSSir, Collectoraie Buildings. Rajanna Sircilla District. The Land Acquisition Rehabilitation and ResettlementAuthority, For the State of Telangana,'At CCLA Permises, Abids, Hyderabad, Rep. by its Registrar ...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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the'action of the Respondent No.2 herein in not referring the Award No. Nil /2015-'16, file No. B/1 3/2009-vlll-l-Abadi, dated. Nil -11-2015 pertaining to the Petitioner property / structure bearing H.No. 8-71t1 situated at cheerlavancha Village, sircilla Mandal (Presently Thangalapally [r/andal) Rajanna sircilla District, under Section 64 of Act 30 of 2013 to the LARR Authority, at Hyderabad for enhancement of compensation pursuant to the application dated. 13-04-2016 (Acknowledged on 13-04-2016) as illegal, arbitrary, unfair, discriminatory and in violation of Articles 14,21 and 3Oo-A of the constitution of lndia and contrary to the Provisions of Act, 30 of 2013 and consequenfly direct the Respondent No.2 herein to refer the Award No. Nil t2015-16, file No. B/13/200g-Vlll-l-Abadi, dated. Nil -11-2015 pertaining to the Petitioner property / structure bearing H.No. 8-7'111 situated at cheerlavancha Village, Sircilla Mandal Dislrict,Under Sectior enhancement of com (Acknowledged on 1tj- lA NO: I OF 2025 (Presently Thangalapally lVlandal) R,ajanna Sircilla 3 herein for 13-04-2016 64 of Act 30 of 2013 to the Respondent No Pensation in terms of the application dated 04-2o16) petition under Sec the arrida v t,,,"0,",,,0 Jl,l :: [tTi::r:i,;,:"":[[ Ji: r]"::::j .; direct the Respondent No.2 herein to refer the Award No. Nil /20i5-.16, file No. Bl13l2,og-Vlll-l-Abadi, dated. Nil -11-2015 pertaining to the petitiorrer property / structure bearing H NI 8-71l1 situated at cheerravancha Virage, lsircira Mandar (Presently Thangalapirlly l\zlandal) Rajanna Sircilla District, Under Siection 64 of Act 30 of 2013 to the lRespondent No. 3 herein for enhancement of compensation in terms of the applicz tic 13-04-2016 (Acknowredse d ort 13-04-2016) pendins drsposar of th,, ,//;; lff:" Counsel for the petitioner: SRl. B. ARJUN RAO Counsel for the Respon,Jents: AGp FOR LAND ACeUIStTtON The Court made the folloraTing; ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.81 o5 ol 2o25 ORDER: This writ petition has been filed to cleclare the action of the respondent No.2 herein in not referring the Award No'Nil/2O15- 16, File No.B/13/2009-VIII-Abadi, dated Nil'1l'20 15 pertaining to the petitioner's property/structure bearing H'No'8-71/ 1 to an extent of 176 sq.yds., situated at Cheerlavancha Village' Sircilla Mandal, Rajanna rSircilla District (subject property) under Section 64 of Aet 3O of 2013 to the LARR Authority' Hyderabad for enhancement of compensation pursuant to the application dated 13.04 .2}l6,.as illegal and albitrary and consequently direct respondenC*tNo'2 to refer the above said award for enhancement of lctmpensation in terms of application dated . r.a.' ' t.*, hA:-

13.o4.2016.

2. Heatd learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition appearing on behalf of resPondents'

3. Learned counsel for the petitioner submits that the Government had proposed to construct Mid Manair by acquiring :'!.:-- ,ffi, __.c*_.- ., 't. ::2,, agriculture lands ald dwelling houses/ structures. The subject property o1 fie petitioner has also been acquired on 20.Ol.2Oll without giuing any prior notice. According to (ieneral Award dated Nil. 1 i.2o 1s, petitioner was awarded an amount of Rs.8,62,09(l,r_. The main grievance of the petitroner is that respondent authorities have wrongly calculated the dwelling area ald s ructure value of the petitioner,s property ald undervaiuerl the same. In that regard, petitioner has made a representation on 28.10.2012. As there was rLo response forthcoming, the petitioner is before this Court b,v way of this writ petition.

4. Though various grounds are raised in the r.irit petition, learned counsel for the petitioner restricts his prayer seeking a direction to respondent authorities to dispose of tht: petitioner,s representation dated 1.3.e4.2O 16 in a time bound perrod.

5. Leat-ned Assistant Government pleader for Land Acquisition su bmits that if the said representation is still pending for consideration, the respondent authorities may be directed to dis;pose of the petitioner,s representa[on, dated 13.O4.2016 ar:rci pass appropriate orders in accordance with law. f_4-.-=-.._.. 6, In view of the submission made by the Iearned counsel ::3:: on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioner's representation, dated 13.04.20 16 and pass appropriate orders strictly in accordance with law by following Section 64 of Act 30 of 2013, as expeditiously AS possible, preferably within a period of three (3) months from the date of receipt of a copy of this order after giving a fair opportunity of hearing to all the concerned parties and communicate the same to the petitioner.

7. Accordingly this writ petition is disposed of Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. //TRUE COPYII SD/.MOHD. ISMAIL ASSIS AN REGISTRAR To, E PCSSP, Collectorate Buildings, Rajanna Sircilla District. ION OFFICER 1. The. Principal secretary Revenue (Land Acquisition) Department, Secretariat, - Tank Bund Road, T.S.,Hyderabad.' 2. The Special Deputy Collector, LA., Unit-VIl, FFC/IVMR and DR.BR. Ambedkar 3. The Land Acquisitio-n Rehabilitation and Resettlement Authority, For the state . of Telelganq,lAt_CCL.A Permises, Abids, Hyderabad, Rep. by iis Registrar 4. One CC to SRl. B. ARJUN RAO, Advocatstopucl 5. Two CCs to GP FOR LAND ACeUtStTtbN,High Court for the State of 6. Two CD Copies Telangana at Hyderabad [OUT] BIM GJP I CC TODAY HIGH COURT DATED:18103112025 ORDER WP.No.8105 ol'2025 q q f, c .J I1 T Er Q,A l,122 fi'fl 2s6 ,.: (, -::-2- DISPOSING O]: THE WRIT PETITION WITHOUT COSiTS /o 4t J{. /J /-<,

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