The High Court of Andhra Pradesh disposed of a writ petition challenging land acquisition without compensation. The court directed petitioners to approach the Civil Court regarding an existing title dispute before being compensated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
THE HON'BLE SRI JUSTICE C.V. RAMULU
WRIT PETITION NO:2743 OF 2005
DATED:16.12.2010
Between:
1. T.V. Acharyulu and others
.....PETITIONERS
AND
1. Government of A.P. rep., by Secretary, Revenue Department, Hyderabad and others.
.....RESPONDENTS
This Court made the following :
THE HON'BLE SRI JUSTICE C.V. RAMULU
WRIT PETITION NO:2743 OF 2005
ORDER:
This writ petition is filed seeking a mandamus declaring the action of the respondents in acquiring the house plots of the petitioners situated in Sy.Nos.184, 194, 195 and 196 of Nacharam village, Uppal Mandal, Ranga Reddy District under Notification dated 12.2.2004, without payment of compensation in terms of Section 17(3-A) and 17(3-B) of the Land Acquisition Act, 1894, as arbitrary and illegal and consequently, to direct the respondents not to proceed further with the construction of Sewerage Treatment plant or any other construction in
the house plots of the petitioners until and unless they are paid the compensation amount, in accordance with the provisions of the Land Acquisition Act, 1894.
It appears that the petitioners are owners of small extents of housing plots in Nacharam village, Uppal Mandal. They had purchased those plots from M/s. Siva Rama Krishna Co-operative Housing Society. However, it is their complaint that the housing plots held by them were occupied by Hyderabad Urban Development Authority (HUDA) for the purpose of locating Sewerage Treatment plant, without following due process of law. Therefore, they approached this Court by way of filing a writ petition and there was a direction from this Court to HUDA to follow the land acquisition proceedings and pay compensation as per law. Pursuant to the said orders, HUDA issued 4(1) Notification, completed the procedure and passed the award.
According to the learned Counsel appearing for HUDA, an award was passed and compensation has been deposited in the Civil Court under Section 30 and 31 of the Land Acquisition Act, since there is a title dispute over the land between the petitioners and others before the Principal Senior Civil Judge, L.B. Nagar, Ranga Reddy District.
Under those circumstances, the writ petition is disposed of directing the petitioners to approach the Civil Court and work out their remedies as available under law. No order as to costs.
______________________ Justice C.V. Ramulu Dated:16.12.2010 Nn.
THE HON'BLE SRI JUSTICE C.V. RAMULU
WRIT PETITION NO:2743 OF 2005
16.12.2010
1 issue framed by the court
Whether the writ petitioners are entitled to compensation without following civil court proceedings regarding title dispute.
2 provisions across 1 enactments
T.V. Acharyulu and others
Government of A.P. rep., by Secretary, Revenue Department, Hyderabad
C.V. Ramulu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
