Ramdas Damodardas Shah v. 1. The State of Telangana

Petition Under Article 226 o'f 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 respondents herein in not paying compensation to the petitioner herein to an extent of 21 .33 Sq. Yards (17.85 Sq. Meters) situated between H. No. 11-6-189 (Under construction House of Sri Govind Shah) and 1 '1-6-190 (Saboo Motors). Adjacent to Public Garden Road, Nampally, Hyderabad - 500 00'1 , while acquiring the same for Metro Rail Project as illegal, arbitrary and capricious and consequently direct the respondents to pay compensalion of Rs. 42,66,6671- for the aforesaid land towards market value to the petitioner in the interest of justice. I |.A.NO:1 OF 2015 (WPMP.NO:16621 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 27-08- 2014 of the petitioner herein within four (4) weeks and not to disburse the compensalion amount of Rs- 42,66,667L to anybody for the land to an extent of 21.33 Sq. Yards (17.85 Sq. Ivleters) situated between H. No. 11-6-189 (Under construction House of Sri Govind Shah) and 1 1- 6-'l g0 (Saboo Motors), Adjacent to Public Garden Road, Nampally, Hyderabad - 500 001 until dispose of the said Legal Notice, pending disposal of the above writ petition Counsel for the Petitioner : SRI GADE VENKATESWARA RAO Counsel for the Respondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 5 : SRI G.MADHUSUDHAN REDDY Counsel for the Respondent No.3 : GP FOR LAND ACQUISITION Counsel for the Respondent No.4 : -- The Court made the following ORDER THE HON'BLE SRI IUSTICE I SRE NIVAS RAO WritP tition No. 12640 of2075 Order No representarion on behalf of the petitioner and respondent No.4.

2. Fleard leamed fusistant Govemment Pleader for Municipal Administration and Urban Development Depanment appeanng for respondent No.1, Mr. G.Madhtsudan Reddy, leamed Standing Counsel appearing on behalf of respondents No.2 and 5 and leamed fusistant Government Pleader for Land Acquisition appearing on behalf of respondent No.3.

3. Perused the record.

4. Petitioner claims to be the owner and possessor of agricultural land to an extent of Acs.2.04 guntas in Survey No.102 of NampallyVillage, Garbi Taluqa, Hlderabad District, and the said land is inam land. His grievance is that the 2 respondent authorities acqurred an exrenr of 21.33 square yar& (17.85 square meters) out of the aforesaid land for the, puqpose of metro rail project. However, the respondents have not paicl any compensarion ro the petitioner.

5. It is averred that the peririoner got issued legal notice to respondents No.2 to 5 on 27.0g.2014 to pay compensarion as per hrs entitlement. In spite of the same, respondents No.2 to 5 have neither paid the compensarion nor issued any reply. Such action of respondents No.2 to 5 is in gross violation of the provisions of the Rrght to Fair Compcnsation ancl Trar-rsparency in Land Acquisition, Rehabilitadon and Resemlement Act, 2013, and Articles 3OO A of the Constitution of India.

6. A perusal of the record reveals that on 2g.04.2015, this Court admined the writ petition and issued norices to the respondents. Till date, the respondents have not filed counter-affidavit. ! i I I i I i 3

7. Leamed Standing Counsel appearing on behalf of respondents No.2 and 5 and leamed fusistant Govemment Pleader for Land Acquisition joindy submit that respondents No.2 to 5 will consider the claim of the petitioner, pursuant to the legal notice dated 27.08.2014 issued by him, in accordance t \ with law and requested this C-oun to grant reasonable time.

8. Fiaving considered the aforesaid submission made by leamed Standing Counsel appearing on behalf of respondents No.2 and 5 and leamed fusistant Govemment Pleader for Land Acquisition and as the respondents have not yet taken any decision pursuant to the legal notice dated 27.08.201,4 issued by the petitioner, this C-ourt deems it appropriate to dispose of the writ petition with a direction to respondents No.2 to 5 to consider the claim of the petitioner pursuant to the legal notice dated 27.08.2014 ssued by him and pass appropriate order in accordance with law, after giving notice and opportunity of penonal hearing to the petitioner, if not 4 -)y already done, within a period of two months from the date of receipt of a copyof this order.

9. Subject [o the above direction, the Vrit Petition is disposed of. No costs. As a sequel, miscellaneous petitions, pending if any, stand closed //TRUE COPY// AS S SD/-N. SRIHARI TANT REGISTRAR I SECTION OFFICER To 1 The Principal Secretary, It4unicipal Administration Department' T S' Secretariat Buildings, State of Telangana at Hyderabad' The Commissionei, Greater Hyderabad Municipal Corporation' CC Complex' Lower Tank Bund, Hyderabad, T.S. PIN 500 029' ih" Dirtri"t Collectoi, Hyderabad District, Abids, Hyderabad, T S PIN 500 001 TheChairman&ManagingDirector,HyderabadMetroRailLtd.,tt/letroRail Bhavan, Saifabad, Hyderabad, T.S. 500 004' inu Spe"iaf Depuiy Collector, Land Acquisition, Greater Hyderabad lvlunicipal Corporation, CC Complex, Lower Tank Bund, Hyderabad' T S PIN 500 029 ' Court for the State of Telangana at Hyderabad [OUT] . Two CCS tO GP FOR [\4CPL ADMN AND URBAN DEVELOPIVIENT, High . Two CCs to GP FOR LAND ACOUISITION, High Court for the State of . one ic to sRl . One CC to SRI G.IvIADHUSUDHAN REDDY, Advocate [OPUC] 0. Two CD CoPies VENKATESWARA RAO, Advocale [oPUc] Telangana at Hyderabad. [OUT] -GADE

2. 3 4 o 7 8 q 1 SA GJP w \ I i4t Sf,qX-x,. ' o^.'l ($,' tr ,lil HIGH COURT DATED:1910212025 o ORDER WP.No.12640 of 2015 o o 05 t'rAY zffi I D,f :", ., DISPOSING OF THE W.P WITHOUT COSTS. 1u- .{?a K. 6sa5