✦ High Court of India · 28 Feb 2025

Kotra Venkataiah v. 1. The State of Telangana

Case Details High Court of India · 28 Feb 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an appropriate writ, order or direction, preferably a Writ in the nature of Mandamus declaring the action of the 2nd and 3rd respondents in not giving possession of plot to the petitioner as per the Letter of Provisional Allotment of Plot dated OO12007, as illegal, arbitrary and violative of the principles of Natural Justice and consequently direct the 2nd and 3rd Respondents to allot plot to the petitioner with enhanced area as per the latest Right to Fair compensation and Transparency in Land Acquisition, Rehabiritation and Resettlement Act, 2013 with agreed norms. l.A. NO: 1 OF 2015 (WPMP. NO:6649 oF 201s) Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased direct the 2nd and 3rd Respondents to allot plot to the petitioner vyith enhanced area as per the latest Right to Fair compensation and rransparenr:y in Land Acquisition, Rehabilitation and Resettlement Act, 20'13 with agreed nornrs pending disposal of the writ petition. counser ror the Petition"' ' :5J.:J[Y]6:ior1ffi,-" sAr Kr*sHNA Counsel for the Respondent No.1: ASST. cp FOR LAND ACQUIS|T|ON Counsel for the Respondent No.2&3 : SMT.D.MADHAVI, Sr: FOR HMDA W.P.No.7113 oF 2015 Between: Ketireddy Dharma Reddy, S/o Rama Lakshma Reddy, Aged 65 years, occ 9ultivation, No 4-41t6. i3udhanagar, peerjadiguda, -GriittieiJi rriJn,ir"rl'"ian'gu Reddy District. ...PETITIONER AND 1 2 3 The State of Telangana. Rep. by its principal Secretary. Revenue uepartment. Secretariat, Hyderabad, Rep. by its princip,al Secretary. Hyderabad Melropolitan Development Authority, Authoritv. Reo. bv its Metropotitan Commissioner, Bto'ck A, Disirici Ctim;;ii:iii,i"ipr"i,'%rnaka, Hyderabad - 500 007 Jl-"-ip.^*j?lP-9!!lV,co.!le^c1o1(LA), unit No.2, ilnd o.R.11., HMDA comptex, larnaKa, Hyderabad - 500 007. ...RESPONDENTS Petition under Article 226 of rhe 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, preferably a writ in the nature of Mandamus declaring the action of the 2nd and 3rd respondents in not giving possession of plot to the petitioner as per the Letter o.,provisional Allotment of Plot dated OG|2O07, as illegal, arbitrary and violative of the principles of Natural Justice and consequently direct the 2nd and 3rd Respondents to allot plot to the petitioner with enhanced area as per the latest Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Reseftlement Act, 2013 with agreed norms. l.A. NO: 1 OF 2015(WPMP. NO: 9458 OF 2015) 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 direct the 2nd and 3rd Respondents to allot plot to the petitioner with enhanced area as per the latest Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with agreed norms pending disposal of the writ petition. cou nse I ror the Petiti on"'' :S."-J[Y Hbl'*int." sAr KRrsH NA Counset for the Respondent No.1: ASST. GP FOR LAND ACQUISITION Counsel for the Respondent No.2&3 : SMT.D.MADHAVI, SC FOR HMDA W.P.No.7122 OF 2015 Between: Mettu Srinath Reddy,, S/o Subhash Reddy, aged 30 years, Occ Business' Rl/o H.No.2-148, Venkateshwara Colony, Saroornagar, Ranga Reddy District. ...PETITIONER AND 1 2 The State of Telangana, Rep. by its Principal Secretary,, Revenue Department, Secretariat, Hyderabad, Hyderabad Metropolitan Development Authorlty,, R.ep. [y its Metropolitan C6mmissioner, Block A, District Commercial Complex, Tarnaka, Hyderabad - 500 007,

3. The Special Deputy Collector Tamaka, Hyderabad - 500 00 (LA),, Unit No.2, llnd O.R.R., HMDA Complex, 7. ...RESPONDENTS Petition under Article 226 oI lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an appropriate writ, order or direction, pr,3ferably a Writ in the nature of Mandamus declarrng the action of the 2nd and 3rd respondents in not giving possession of plot to the petitioner as per the Letter ol Provisional Allotment of Plot dated 30-6-2007, as illegal, arbitrary and violativo of the principles of Natural Justice and consequently direct the 2nd and 3rd Re,spondents to allot plot to the petitioner with enhanced area as per the latest Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20'13 with agreed norms. l.A. NO: 1 OF 201S(WPMP. NO: 9467 oF 2015) Petition under Section 151 CPC praying that in the circumstances slated in the affidavit filed in support of the petition, the High Court rnay be pleased direct the 2nd and 3rd Respondents to allot plot to the petitioner with enhanced area as per the latest Right to Fair Compensation and Transparenc'y in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with agreed nornrs pending disposal of the writ petition. counser ror the Petition"'' :IJ.:J[YHbio*lffi,-" sAr KRT'HNA Counsel for the Respondent No.1: ASST. GP FOR LAND I\CQUISITION Counsel for the Respondent No.2&3 : SMT.D.MADHAVI, SC FOR HMDA W.P.No.7126 OF 201s Between: Kumari Kotha Navrtha, D/o K. Janardhan Reddy, Occ Student, Ryo H.No.1-220, Jillelguda, Saroornagar Mandal, Ranga Reddy District. ...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary,, Revenue Department, Secretariat. Hyderabad, Rep. by its Princiral Secretary. 2. Hyderabad Metropolitan Development Authority, Rep. by its Metropolitan Commissione. Block A, District Commercial C6mpl6x, Tarnaka, Hyderabad - 500 007,

3. The Special Deputy Collector (LA), Unit No.2, ttnd O.R R., HtVtDA Complex, Tarnaka, Hyderabad - 500 007. ...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, preferably a Writ in the nature of Mandamus declaring the action of the 2nd and 3rd respondents in not giving possession of plot to the petitioner as per the Letter of Provisional Allotment of Plot dated 3010612007, as illegal, arbitrary and violative of the principles of Natural Justice and consequently direct the 2ND and 3RD Respondents to allot plot to the petitioner with enhanced area as per the latest Ri(iht to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with agreed norms. l.A. NO: 1 OF 2015{wPMP. NO: 5471 OF 2015 ) 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 direct the 2nd and 3rd Respondents to allot plot to the petitioner with enhanced area as per the latest Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20'13 with agreed norms pending disposal of the writ petition. counser ror the Petition"' ' ?lJ.'-J[Y]6bi'-iHt." sAr KRT'HNA Counsel for the Respondent No.1: ASST. GP FOR LAND ACQUISITION Counsel for the Respondent No.2&3 : SMT.D.MADHAVI, SC FOR HMDA W.P.No.7143 OF 2015 Between: E. Swetha, D/o Shyam Sunder Reddy, Aged 27 years, occ Housewife, Fl/o Plot No.154, Nagarjuna Colony, Hasthinapuram, Hyderabad - 70. AND 1 2 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, Rep. by its Principal Secretary. Hyderabad Mehopolitan Development Authority, Rep by its Metropolitan C6mmissioner, Block A, District Commercial Complex, Tamaka, Hyderabad - 500 007, ...PETITIONER i 3 The Special Deputy Collector (LA), Unit No.2, tlnd O.R.tt., HMDA Complex, Tarnaka, Hyderabad - 500 007. ...RESPONDENTS Petition under Article 226 ol 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, preferably a Writ in the nature of Mandamus declaring the action of the 2nd and 3rd respondents in not giving possession of plot to the petitioner as per the Letter of provisional Allotment of Plot daled 0312012, as illegat, arbitrary and violative of the principles of Natural Justice and consequently direct the 2nd and 3rd Respondents to allot plot to the petitioner with enhanced area as per the latest Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with agreed norms. l.A. NO: I OF 201S(WPMP. N O: 9509 OF 2015) Petition under Section '1 51 CPC praying that in the cirr;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd and llrd Respondents to allot plot to the pe'itioner with enhanced area as per the latest Right to Fair Compensation and -iransparency in Land Acquisition, Rehab litation and Resettlement Act, 20 j 3 with agreed norms pending disposal of the writ petition. counsel ror the Petition"' t*' ""HbP"'lfftLy sAr KRT'HNA Counsel for the Respondent No.'t: ASST. cp FOR LAND I,CeUlSlTtON Counsel for the Respondent No.2&3 : SMT.D.MADHAVI, SC FOR HMDA The Court made the following: COMMON ORDER TICE NIVAS RA W.P.Nos.4995, 7113. 7122. 7126 and 7143 of 2015 The issue involved in all these writ petitions is one and the same. Therefore, they are berng disposed of by this common order

2. In all these writ petitions, the petitioners have questioned the action of respondent Nos.2 and 3 in not giving possession of plots to them as per the awards passed by the District Legal Services Authoriry Ranga Reddy District, as illegal and arbitrary. The petitioners sought for a consequential direction to respondent Nos.2 and 3 to allot plots to them with enhanced area as per the provisions of the Right to Fair C-ompersation and Transparency Land Acquisition, Rehabilitation and Resefilement AcL 2013.

3. The petitioners are the beneficiaries of the award passed by the Outer Ring Road Project, Land Acquisition 2 ';r t 'i Crmpensation Scheme, 2007, and the particulars of the awards are as under: W.I'.NO PLS No. V.P.Nr.4995 of 2015 \(2.P.No.711.1 of 2015 W.P.N).2122 of 2015 \V.P.No.7126 of 2015 x{/.P No.Z143 of 2015 1458 770 764 763 17A D atc 27 .C).2AA7 12.01.2007

30.a,3.2007 12.C7.20A8 17 .C\.2012

4. Heard Sri B.Muralidhar, leamed counse represenring Sri Goginipallv Sai Krishna, leamed counsel for the petirionen, leamed Assisr.ant Govemmenr pleader for Lancl Acquisition appearing on behalf of respondent No.1 and Srot.D.Madhavi, leamed Standrng C_ounsel for Hlrlerabad Metropolitan Development Authority (HIVDA) appeanng x bchalf of respondenLs No.2 and .1.

5. Leamed counsel for the peritioners submitted that this Crurt disposed of ,r sirnilar wdt petition zz1, \Xr.p.No.11447 o{ 2Ol5 uide order dated 27.0g.2024 and the petidonen herein be granted thc very same relief. A copy of the said order is placed on rccc,rd. 6 Leamed counsel for respondent No.1 has not disputed the same.

7. In view of the above submission, all these writ petitions are disposed of granting Libeny ro rhe petitionen ro submit their represenrarions by enclosing all necessary proofs of earl.ier allotment before the respondents. Within a period of eight weels from the date of receipt of such representarions, the respondents are directed to execute convelance deeds/allotment deeds in favour of the petitioners, in terms of original allotment leners and also the Lok Adaiat awards referred to above. 8 Subject to the above direction, these Writ petitioru are disposed of. No costs. As a sequel, miscellaneous petitions, pending if any, stand closed. SD/-N.SRIHARI ASSI TANT REGISTRAR //TRUE COPY// To, %, <fl&"a- Secretariat, Hyderabad ECTION OFFICER 1. The Principal Secretary, Revenue Department, State of Telangana, 2. The Metropolitan Commil"ioner, Hyderabad Metropolitan Development Authority, Block A, District Commercial Complex, Tarnaka, Hyderabad - 500 oo7, 3. The Special Deputy Collector (LA), Unit No.2, llnd O.R.R., HMDA Com plex, bad - 500 007. Tamaka, Hydera One CC to SRI JOGINIPALLY SAI KRISHNA, Advocate loPUCl 4. 5. Two CCs to cP FOR LAND ACQUISITION High Court for the State of Tel 6. .On 7. TwoCDCo es. angana. [OUTI e CC to€MT.6.MADHA I, SC FOR HMDA. loPUcI .pffiffis d HIGH COURT DATED:2810212025 COMMON ORDER WP.No.4995 7 113, I 122, T 126 &7143 0F 2015 1-:::':'-=:'-:: l-- l srE ST4; ,4l':/:'<' ) 'I l l1PH > * t.t ,!'S o,,rr Cr DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS N

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