Corporation v. Vincent Daniel And Others, dt

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 or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent authorities, particularly Respondents No.2 and 3, in not considering the objections/r,epresentation Dt. 2.04.2025 made by the petitioners, and forcing the petitioners to accept the Meagre amount as a compensation and hand over the possession of the petitioners properties, as arbitrary, illegal, violative of principles of natural justice, and in gross violation of the provisions of the RFCTLARR Act, 2013and against to the law laid down by the Honorable Apex Court in Madhya pradesh Road Developmer{ Corporation Vs. Vincent Daniel And Others, dt.27.O3.2025 reported in2o2SLawSuit(SC),426,andconsequentlydirecttheRespondentstoconsider the Representation dt. 2 -04.2025, and pass a reasoned speaking order before proceeding with any further acquisition steps, as per the law laid drlwn by the by the Hon',ble supreme lourt in Madhya Pradesh Road Developmerrt corporation Vs. Vincent Daniel A,rc others, and not to dispossess the petitioners from their properties without follcwing the due process of law strictly in accordance with the RFCTLARR Act, 2013. 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 direct the Respondents No, 2 and 3, not to interfere with the peaceful p,lssession and enjoyment of the petitioner's respective plots, i.e., (1) Plot No.2, tc an extent of 377 Sq.Y, (2) Plot No 4, to an extent of 29O4 Sq.Y, (3) Plot No 6 1o an extent of 661 Sq,Y, & 4) Plot \o.15 to an extent of 267 Sq.Y, situated in F akatiya Smart city Venture, GunturFrally Village, H/o Gadepally Revenue Village, K.hilla warangal Mandal, Warangal U'tran District, without following the due process of law, and law laid down by the llon'ble Apex court in 'Madhya Pradesh Road Development Corporation Vs. Vinc,-'nt Daniel And Others", dt.27.O3.2O25 reported in 2025 LawSuit (SC) 426,pending disposal of the main Writ Petition. IA NO: 2 OF 202s Petition under Siection 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 respondent Nc,.2 and 3 to consider the petitioners' representatign dt.02.04.2}25 as per the law laid down by the Hon'ble Apex Cor.rrt in "Madhya Pradesh Road Deverlopment Corporation Vs. Vincent Daniel And Others", d1.27.03.2025 reporlerl in 2025 LawSuit (SC) 426, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI S.CHALAPATHI RAO Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following: ORDER + THE HONOURABLE SRIIUSTTCE N.V.SHRAVAN KUMAR WRIT PETITIONNo.1 096O of 2O25 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition appearing for.respondent Nos.1 to 4 with their coruen! this writ petition is being taken up for disposar at the stage of admission itself. 2 'amount This writ petition has been filed seeking the following prayer:_ "to dcclare the action of the respondent authorities particularly Respondents No.2 and 3, in not consiiering il; o-bjections/representation Dt 2.04.2025 made by the petitioners anrl forcing tfu petitioners ' to accept the Meigre as a compensation and hand ooer the possession of the petitioners prop.erties,.as arbitrary, illegal, aiolatioe of principles of natural justice and in gross oiolation of the proaisions o1 it,e nfCftenn lct, 2013 and against to the law laid down by the Hon,ble Apex Court in "Madhya Prudesh Road Deaelopmint Corporation Vs Vincent Daniel And Others,,, dt 27.03.2025 reporied in 2025 IawSuit (SC) 426, and consequently direct the Respondtnts to consider the Representation dt 2.04.2025 and pass a reasoned speaking- order before proceeding with any further acquisition steps o: frr_.th" law laid. down by the by the Hon'ble Supieme Court in " Madhya Pradesh Road Deoelopment Corporation Vs Vincent Daniel And Others", and not to dispossess the petitioners lrom thtir proper.ties without follozoing tfu due process of lazo strictly in accordance with tfu RFCTLARR Act 2013."

3. Brief facts in this writ petition are that petitioners claims to be the owners and possessors of Plot No.2, to an extent of 372 Sq.yards or 315_21 Sq.Meters, Plot No.4, to an extent of 2904 Sor.yatds. or 242g_9 Sq.Meters, plot No.6 to an extent of 661 Sq.yards or 552-67 Sq.Meters and plot No.15 to an \ I 7 extent of 267 Sc.yards or 223.24 Sq.Meters, in kakatiya Smart City Venture, Gunturpallv Vill,ige, Gadepally Revenye Village, Khi1la War':Lngal Mandal, Warangal, having acquired the same aidz regislercd sale tleeds bearing document Nos.l!184, 1552 and 2079 of 2018 arrd6957 of 2023 dat:ed 14.03.2018,

31.03.2018, 30.0,t.2018 and 24.08.2023 respectivcly, The abovc said plots are residential as well as commercial and the venture is located just 3 kms from Warangal Cit1., sulrounded by public inJrastructure like Textilt'Park, IT Hub and the lands ,rre falling part of development of Mamnoor Airprlrt. Learned counsel for the petitioners submits that the respondent Nos.2

4. and 3 aidt Preliminary Notification published in Gazette No.24/Warang'al /2024, dated 01.12.2024, purportedly initi:Lted the land acquisition pro(r(]ss under Section 11(1) of The Right to Fair Compensation and Transparercv in Land Acquisition, Rehabilitation and Res;ettlement Act, 2013 (hereinafter referred as "the ACT") for development of Mamnoor Airport. Tht'rcaf ,er, a Declarahon under Form-7 dated 03.03.2t)25 was issued under Section 19(1) of the Act and the petitioners' Property wa:; also included in the acquisilirn list. Later, the respondent authorities issued another Declaration ur tler Form-7 bearing Rc.No.B/1590/2024 dated .03.2025, wherein the prr:1:itioners property is shown on acreage basil;. It is further submitted that sLnce the petitioners property is developed and converted into plots, the petitjc,ners are entitled for compensation on yard basis. Thus, the petitioner or 01.04.2025 made a detailed representation irnd requcsted \ 3 respondent authorities to determine a fair compensalion and the said representation is still pending for consicleration. 5' Learned counsel for the petitioners has drawn attention of this Court to the Judgment dated 2Z.02.2025 passed by the Hon,ble Supreme Court in "Madhya Pradesh Road Development Corporation Vs Vincent Daniel And Others"l, wherein the Hon,ble Apex Court has clearly specified the parameters for determining the amount of compensation guided by the provisions contained under section 23 and 24 of the Act. He would further submit that the respondent authorities without issuing any notice and without granting an opportunity for hearing to the petitioners, acquired the petitioners propriety and are granting meager compensation. Hence, learned I \ counsel for the petitioners pray this Court to direct the respondent authorities to consider the petitioners' representation dated 01.04.2025 and pass orders in \ \ a time bound period.

6. Learned Assistant Government pleader appearing for respondents submits that if the petitioner representation dated 01.04.2025 is st l pending for consideration; the respondent authorities may be directed to dispose of the said representation and pass appropriate orders in accordance with law.

7. In view of the submission made by learned counsel on either side and without expressing any opinion on the quantum of the market value of the subject lands effected for acquisition purpose, this writ petitiol is disposed of \2025 LawSuit (SC) 426, :-/ 4 t a directing the r,:st,ondent authorities to dispose the petitioner's rlePresentation dated 01.04.2021i in the light of Judgment dated 27.03.2025 passed by the Hon'ble Suprenre Court in "Madhya Pradesh Road Development Corporation Vs Vincent Daniel And Others". The respondernt authorities shall pass apprcpriate orders strictly in accordance with 1aw, as expeditiously as possible, pleft:rablv within a period of three (03) weeks frc,m the date of receipt of copl' o1: this order and communicate the same to the petitioners. It is made clear that the respondent authorities shall follow due process as contemplated u rder law before initiating action on the subiect property.

8. AccordirgJv this writ petition is disposed oI. Miscellaneous applications, if;ury'pending, shall stand ciosed. No order as to (rosts. //rRUE COPY/I SD/- P, GOWRI SHANKAR DEPUTYF,EGISTRAR 19'- SECTloN OFFICER I The Principal liecretary, Revenue Department, Secretariat, Hy'derabad, State of Telangana. The District Collector, Warangal DistricWVarangal, The Revenue Ctivisional Officer, -cum- Land Acquisition officer, Warangal Division, Wara rrgal District. The Tahsildar, Khila Warangal Mandal, Warangal District, One CC to SRI S.CHALAPATHI RAO, Advocate IOPUC] Two CCs to GP FOR LAND ACQUISITION, High Court fbrthe State of Telangana. at Flyderabad. [OUT] Two CD Copie,s, ,W To 1 2 3 4 5 6

7. PSK. HIGH COURT DATED:1 010412025 ORDER WP.No.10960 of 2025 I CC TODAY --..:- ,1'--. ,o'' '' k o O 11 APR zIE (1( ? ,c., i)I'. . ,'1:,' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 L I \\ \ x6