The High Court · 2025

Petition under Article 226 of the Constitution of lndia pray{rS that in the therewith' the High Court may be circumstances stated in in" oleased to issue ,n ,ppr.opiiu* wiit' orOet or direction more particularly in the :,T;;""i;;i-;-;r;dr;I,.,'i""iJli"s-ine action of the respondents in not determining the market ,"i;;;i;;titi"nir lands',situated at Veerlapalem village' Damaracherla Mandal, rvriwlr"gtiol Division',Nalgonda District as per the order and Decree passed ln r-no'p rlJ- 79 oI 2o1B daled' 12-09-2024 and subsequently applications made by tn"-p"iition"-"- rrr-ze-'tzzozq Under section 73 of LARR Act, 2013 and consequentfy io aitect the respondents to determining the market value, with all the statutory'b;;ii;' it'';"oi'n"" with the market value fixed by Land Acquisition, Rehabiritation and Resetaement Authority, at Hyderabad in LAOP.NO T9 ot 2018, dated. 12_0e_202rLr';;;r;ns the notices to the peritioners n""ins the petitioners re-determii""til"iorp"nsation U/s 7i of LARR i:li$fl lA NO: 1 OF 2025 Petition under Section.l:1 CpC praying that in the circumstances stated in the affidavit fired in support of the petition, t'nu"Higt'cor.t may be preased to direct the respondents to consider the appricaiion o'aieo. 28_12_2024 made by the petitioners Under section_23 of LAii e.ilorJ "" r* o*J"i,n" irlolf ,.0 Decree passed in LAop.No.. rg ot zoia. oltuo. rz-os-2024 by the Land ifl::"fl? .r:"i:il'ff :;il#i, Resettremeni iliio'.itv, u*rvou*6lo, "r'unoing Counset for the petitioner: SRl. plNGAL| LAKSHMI counser for the Respondents: AGp FoR LAND ACQUTSTT.N The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.19O32 of2o25 ORDER: This Writ Petition, under Articl e 226 of the Constitution of India, is liled seeking the following relief: "....to issue an appropriote tuit, order or direction more particularlg ln the noture of writ of mandamus, decloring the action of the respond,ents tn not determining the market uaLue of petitioner lands, situated ot Veerlapalem uillage, Domaracherla Mandal, Miryalaguda Diutsion, Nolgonda Distict as per the order and Decree passed in LAoP.No. 79 of 2018 dated. 12-O9-2024 and subsequentll1 applications mode bu the petitioners on 28-12-2O24 [Jnd.er Section 73 of The Riqht to Fair Compensation and Transporency in Land Acquisition, Rehabilitation and Resettlement Act, 2O13 (for short "the LARR Ac| 2O13') and consequentlg to direct the respondents to determining the morket ualue, uith oll the slatutory beneftts, in accordance with the marl':et ualue ftxed bg Land Acquisition, Rehobilttation and Resettlement Authoity, at Hgd-erobad in LAOP-NO. 79 of 2018, dated. 12 09-2024 by issuing tie notices to the petitioners and afier hearing the petitioners re d.eterrnine the compensation tl/s 73 of LARR Act, 2013...'

2. Learned counsel for the petitioners submilted that the petitioners are the owners a:rd possessors of the lands in various survey numbers situated at Veerlapalem Village, Damaracherla Mandal, Miryalaguda Division. It is further submitted that their names were incorporated in the revenue records and pattadar pass books have also been issued in their favour. The lands in question of the petitioners were sought to be acquired for the purpose of establishment of Yadadri Thermal Power Station proposed for construction at Veerlapalem Village, Damaracherla

28.O1.2016. CVBR, J wp 19032_2025 Mandal. It is submttted that the respondents have issued Gazette Notification under the provisions of Section 11(1) of the Right to F,air Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2Ol3 (for short '.LARFI Act, 2013,,) rn District Gazette No. 1 149, dated 24.O7.2015 and thereafter lollowing the procedure as contemplated under the provisions of LARR Act, 2O i 3 an has been pzrssed ulde proceedings No.tr /2196/2015, dated ,[t is further submitted that being dissatisfied with the award pa,ssed by the respondents, the petitioners said to have submitted an appiication for re-determination of the compensation under Section 73 read nith Section 64(1) of the LARR Act, 2O1.3 within the time stipuiated under,the provisions of the Act on i2g. 12.2024. The grievance of the petitioners is even though the said application has been submitted in the year, 2024, the respondents have not referred the same to the District Collector for redetermination of the compensation as per the provrsions of the LARR Act, 2013. Jl^ Learned Assistant Government Pleader for Land Acquisition appe,aring for the respondents had not disputed the submission of the application by the petitioner under Section 73 read with 6ag) of the LARR Act,2013. ------- J CVBR, J wT.-19o32 2025 q. As per the provisions of the LARR Act, 20 13, the Land Acquisition Officer (for short 'LAO") is conferred with the power to refer the application submitted by the petitioners for re- determinationofthecompensationtotheDistrictCollector. In view of the said submissions, the respondent No'3 - LAO

6. is directed to refer the application submitted by the petitioners dated 28.12.2024 for re-determination of the compensation for the acquired lands uide proceedings No'E/2196 12015' dated

28.01.20|6totherespondentNo.2-DistrictCollectorwithina period of four (04) weeks lrom the date of receipt of a copy of this order.Onreceiptofthesaidapplication,theDistrictCollector shall dispose of the said application within a period of two (02) months thereafter in accordance with the provisions of LARR Act,2013. I 6 " With the above clirections, the Writ Petition is disposed of' There shatl be no order as to costs' Miscellaneous appiications pending in thisp9!!!on 1f arty' shall stand closed. SD/- U. SUDHA TANT REGISTRAR SI //TRUE COPY// ECTTON OFFICER To, 1 W 2 17 The Principal Secretary' Land Acquisition Department' Secretariat Buildings' Saifabad, HYderaoao' The District Collector' Nalgonda' Nalgonda The Land Acquisition Office sub Cotlector, Miryalaguda' r-Cum-Revenug Nalgonda District' Divisional Officer, PresentlY

4. One CC to SRt. P|NGAL| LAKSHIMT Advocate [OPUC] 5 Two CCs to CiP FOR LAND ACOUtS|TION ,High Court for the State of Telangana. [OUT]

6. Two CD Copies KKS PVL \ I I o .? Z Ct }. { E1 SE P 2$6 II 1P HIGH COURT DATED:0410712025 I t ORDER WP.No.19032 of 2025 DISPOSING THE WRIT PETITION WITHOUT GOSTS q t'< €