✦ High Court of India · 26 Aug 2025

Dubbaka Lavanya v. '1 . The State of Telangana

Case Details High Court of India · 26 Aug 2025
Court
High Court of India
Decided
26 Aug 2025
Bench
Not available
Length
1,356 words

Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondents : GP FOR REVENUE (LAND /\CQUISITION) The Court made the following ORDER i t E. E THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER: W.P. No.24269 of 2o25 Heard the learned counsel for the parties and with their consent this writ petition is disposed ol at the admission stage itself

2. This writ petition is filed quesrioning the action of the respondent Nos.3 to 5 in trying to lay the road on the cultivating land of the petitioner to an extcnt o[ Ac.2-0O gunLas in Sy.No.SOSA/ 1, which is situated at Nerada village, Chityala Mandal, Nalgonda District (hereinafter referred as subjecl property) by occupying the Iand to an extent of Ac.2-00 guntas w'ithout pa-vrng thc compensation under the provisions of Right to Fair Compctrsation and Transparency in Land Acquisition, Rehabilitation and l?escttlcmenL Act, 2013 for extention of Road Widening from Chitvala to Brahmana Vellemla Village.

3. The facts in brief are that the petitioner claims [o be the owner and possessor and enjoyer of subject prop('rty which has been succeeded by her from ancestors. It is further strbmitlcd that the said land is situated very adjacent to Chiryala to Br:rhmana Vellemla Road. Earlier the Mandal Parishad authorilies laycd the road between the Chityala to Brahmana Veltemla r.r,ith n,idth of 30 leet road. Now the respondent Nos.3 [o 5 are intending to extend the road from Chityala to Brahmana Vellemla from 3O feet road to 100 feet road. Accordingly, the Roads and Buildings authorities granred thc funds upto Rs.lO.00 , 2 crores for widening of road from chityala to Brairrnanzr Vellemla and the respondcnt Nos.3 to 5 are trying to lay the ro,rrl by occupying her land upto Ac.2-0O guntas in Sy.No_5O5A/ 1, i,r,hich is situated at Nerada Village, Chityala Mandal, Nalgonda Dislr ir:t n.ithout passing the awartl and without paying the compensatic,r:. eucstioning the samc, the present writ petition is filed.

4. The Revenue Divisional Officer/ respondenr lrlo.3 placccl copv of the instructions through the learned Assistant Go'r: -nment pleader for Land Acquisition stating that no requisition propo;als r,r,ere received from the llequisition Department i.e., the Execu:i.,.-: trngit,reer (R&B), Nalgonda as such no land acquisition proceedings rave bcen initiated by ths 3.a respondent. Similarly, Executive Engi,,r,::r (R&,8) Division, Nalgonda has also placed insturctions to thc earned Assistant Governme;-rt Pleader R &B stating that the ro:tr1 from Nalgonda Munugode road to Chityala road from Km O/0 Lo 21.\tO u,as taken over lrom the P;rnchayat Raj Department and at the tir:'r. of taking over the road, Lhe Flight olWay (ROW) of the road is 66 fect (it3 leer - CcnLre-33 feet). Fur,her, the work "Widening and Strengtl- t:rLing of Nalgonda_ Munugode Road to Chityala via Nerr:cla, Apptrjipeta, Brahmana'ze1lamla road from Km.o/o-23/o rn Nalp,r,da District" *.as sanctioned by the Government of Telangana T (R&t]l Departmer-rt vide G.O.Rt.No..1O I T (R&B) (R. 1) Department dated 15.O3.2O24 and u.ork was let out to M/s.GSR Constructions, vide Agreelrr.nt No. 12024_ 25 dated C3.1O.2024. It is further submitted th;,Lr thc u,idcning of , ) , existing single lane to double lane road work is in progress and that the widening of road work is being taken up in the existing road boundary itself and not as claimed by the petitioner that the road is being laid in his subject land. Further, the existing single lane road is being widened to double lane of 7.0m carriage ',r'ay with l.0m shoulders on either side within Right of Way of Road (66 feet) and not 100 feet as submitted by the petitioner and the oLher submissions made by the petitioner were denied. It is further submitted that no representation has been received requesting ft;r compensation as claimed by the petitioner. It is further submitted that the road is iaid in the existing road boundary and not in Lhe pctitioner's property i hence payment of compensation does not arise and need not be Iraversed.

5. From the above submissions, it would rcvcal that the existing single lane road is being widened to double lane of 7.0 m carriageway with 1.Om shoulders on either side within Right of W:ry of Road (66 feet) and not 10O feet as submitted by the petitioner and that no representations have been received by their office requesting for compensation and the claim made by the petitioner is false in nature. Similarly, respondent No.3 also submitted that since no requisition proposals were received from the requisition department i.e., Executive Engineer (R&B), Nalgonda, as such respondent No.3 is not taking any steps to acquire the said lands as il is not required for the said purpose. \ 4

6. Recording lhe same, the respondents are dircr:ted lo follou'due process of la'..r' before initiating any action on the pe titioner's subjcct property 7 . With thcsc observations, this u,rit petition is <l isposcd of. Therc shall tre no order as to costs As zL sequel, miscellaneous applications, I any pending, shall stand closcd //TRUE COPY// sD/-6. As LIKARJUNA RAO lilI SIS NT REGISTRAR t CTION rcER To

1. The Prirrcipal Secretary, Revenue Department (Lanci\X')quisition) Secretariat ' al'jildi"i;,"d;r"trri"t State of Telangana at Hyderabl(j a. +m n5:::1,!"'i:"?ii,i;t1?.?lii;)3'X:l33'?"?l'3hi" ' r'rutgonda Division - |frYEli:#i'i''31n,n""|., Roads and Buirdins Deparrrre,nt, Nargonda Division, : ifii+r: l3t"'iSx'aye,(fl iilpft B'i3" 5j31.,,,,', r, H i gh co u rt ro r the ,a*i{*1j8[?ffi 8. Two CD CoPies ARUnl,o.,t"rop'|-cl 'tL]L"'113fl Naloonrla District. SA GJP ,ae 19-. ). r\E. Sl i . .,..\ 1l t*Pn6 al ,. -s^:T.: .-,,1 HIGH COURT DATED:2610812025 ORDER WP.No.24269 of 2025 DISPOSTNG OF THE W.P WITHOUT COSTS. alL1l>r

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