Neralla Gowramma, Wo. Parsharamulu, 70 v. The State of Telangana

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 toto issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the 4 (1) notification published on 25-2-2009 as illegal and also declare the action of the respondents sought to dispossess the petitioner without payment of compensation in respect of H. No. 7-38 of Cheerlavancha village of_ present Thangallapally lvlandal of Sircilla District previously Siricilla Mandal of Karimnagar District, wtthout payment of any compensation either under the Land Acquisition Act, 1894 or under the Act 30 of 2013 as illegal, arbitrary and in violation of the,rights conferred under Article 300- A of the Constitution of lndia, consequently direct the respondents not to dtspossess the petitioner from the house owned by the petitioner, i.e., H.No.7-38 of Cheerlavanch of Thangallapally lvlandal of erstwhile Karimnagar District till the compensation is paid in accordance with law I I I I l.A. NO:1OF 2017(WPMP. N O:40752OF 2017\ Petition under Section 151 CPC praying lhat in the clrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioner from the house owned by the petitioner. ie. H.No.7-38 of Cheerlavanch of Thangallapally Mandal of Sircilla District, previously Siricilla Mandal of Karimnagar Diskict titl compensation is paid as required to be paid in accordance with Law, pending disposal of the Writ Petition before this Hon'ble Court lA NO: 1 OF 2024 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 permit the petitioner to amend the marn prayer in W.P. No. 32779 of 2017 by replacing the same with the following prayer as follows.- "lt is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein more particularly Respondent No. 2 and 4 herein in passing the lmpugned Award No. 1512017-18, File No. AU1B17t2O1T- Vll-Abadi, dated Nil-07-2017 for an amount of Rs 2,66,5131 in respect of the Petitioner H.No 7-38 Situated at Cheerlavancha Village, Thangalapally Mandal, Presently Sircilla District, Previously Karimnagar District as illegal, arbikary, violation of principles of natural justice, procedures and provisions of Act 1 of '1894, Act 30 of 2013 and the same is also barred by limitation and Set aside/Quash the Award No. 15/2017-18, File No. Alt181712017 -Vlt-Abadi, dated: Nil-07-2017 for an amount of Rs. 2,66,513/- in respect of the petitioner H.No. 7- 38 Situated at Cheerlavancha Village, Thangalapally Mandal, presenfly Sircilla District, Previously Karimnagar District and Consequenfly directJhe Respondent No. 2 to 4 herein to initiate fresh acquisition proceedings by passing Award and payment of compensation under the provisions of Act 30 ol 2013 by considering the value of the Structure as Rs. 5,26,000/- as recommended by Three (3) Men Committee vide Lr No. EE/DtVN 4/tFFCC 1fiS/f2Mt423-28. datedt 22-03-2013 Counsel for the Petitioner: SRl. B. ARJUN RAO Counsel for the Respondents: SRI CH. RAVI KUMAR, AGP FOR ADVOCATE GENERAL The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No .32779 0F 2U.17 ORDER: This writ petition is tiled seeking the foliowing relief: " ... to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the 4(1) notification published on 25.2.2OO9 as illegal and also declare the action of the respondents sought to dispossess the petitioner without payment of compensation in respect of H.No.7_3g of Cheerlavancha village of presently Thangallapally Mandal of Sircilla District previously Siricilla Mandal of Karimnagar District, without payment of any compensation either under the Lard Acquisition Act, 1g94 or under the Act 30 of 2013 as illegal, arbitrary and in rriolation of the rights conferred under Article 30O-A of the Constitution of India, consequently direct the respondents not to dispossess the petitioner from the house owned by the petitioner i.e., H.No.703g of Cheerlavalcha of Thangallapally Mandal of erstwtrile Karimnagar District till the compensation is paid in accordance with law

2. Heard Sri B. Arjun Rao, learned counsel for the petitioner, and Sri Ch. Ravi Kumar, learned Assistant Government Pleader attached to the office of rearned Advocate General appearing for respondent Nos.1 to 4.

3. The petitioner filed this writ petition questioning 4(1) notification dated 25.02.2009 in respect of H.No.7_38 of Cheerlavancha Village, presently Thangatlapally Manda-l of Rqjanna-Sircilla District, (erstwhile Karimnagar District) 2 (hereinafter referred to as 'the subject property') and the same is contrar5r to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.3O of 20 13) (hereinafter referred to as the Act').

4. Learned Assistant Government Pleader submits that even before filing the present writ petition, the Land Acquisition Officer and Revenue Divisional Officer, Sircilla, after following the due procedure as contemplated under the provisions of the Act passed Award on 13.O7.2012 uide Award No.15 of 2Ol7-18 and determined the compensation in respect of the subject property to an amount of Rs.2,66,5I3/- including all eligible perks i.e., l2ok additional market value on the land, 100% Solatium and interest, in terms of the Act. He further submitted that in spite of issuing notice under Section 3T(21 of the Act, the petitioner has not come forward to receive the compensation on the ground that the amount awarded by the Land Acquisition Officer is very meager. Thereafter, the petitioner submitted an applicatio n on O2.09.2017 requesting the respondent authorities to enhance the compensation. If the I \ 3 petitioner is willing to receive the above said compensation amount by producing relevant documents, the respondent authorities are ready to disburse the above said compensation amount, which was already awarded, pursuant to the Award dated 13.07.2017.

5. The above said submissions were not disputed by the learned counsel for the petitioner.

6. Taking into consideration the facts and circumstances of the case and in view of the submissions made by the learned Assistant Government pleader, the petitioner is directed to appear before respondent No.4_Special Deputy Collector (Land Acquisition) within two (2) weeks along with requisite documents from the date of receipt of a copy of this order. On such appearance, respondent No.4 is directed to pay the awarded amount in favour of the petitioner. Further, respondent Nos.2 and 4 are directed to consider the application dated 07.09.2017 submitted by the petitioner and refer the sarne to the competent authority as per Section 64 of the Act, within a period of two (2) months from thereafter. It is needless i I I 4 to state that the petitioner is entitled to raise all the claims, which are available under law, before the competent authority.

7. With the above directions, the u.rit petition is disposed of. No order as to costs. Miscellaneous petitions, pending if any, shall stand l l l clo sed. //TRUE COPY// SD/.T.TIRUMALA DEVI NT REGISTRAR ASS ECTION OFFICER To, \

1. The Prinicipal Secretary, Revenue (Land Acquisition) Department Secretariai, SecretanaI Buildings, Hyderabad 2. The Distnct Collector. Siricilla, Sircilla District. 5. tHi Eillrii* rngrneer (lrrig;tion), Division ll, IFFC Circle, LMD Colonv' +. i[e SpeErat Deputy Collector (Land Acquisition), Unit-ll, LI\ilD Colony' Karimnagar Karimnaqar. One CC'[o SRI B ARJUN RAO, Advocate Two CCs to ADVOCATE GENERAL' High at Hyderabad [OUT] Two CD Copies BM GJP toPUCl Court for the State of Telangana. 6 7 b CC TODAY HIGH COURT DATED:1410212025 ORDER WP.No.32779 ot 2017 1 TAr G' 3 1s * o FEB 2ff6 z C) * Ps A1 C DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 3/ AtP