Disposed

Padmamma v. Principle Secretary Revenue( L.a)

Telangana HC6 Aug 2012WP/23655/2012

Case brief

AI extract

What is this about?

Disposing a writ petition by directing the Land Acquisition Officer to pass an award expeditiously considering petitioners' claims. Ordered parties to maintain status quo regarding possession. Noted that referring rival claims to Civil Court under relevant sections is permissible if such claims exist after award elucidation.

What did the court decide?

Directed Land Acquisition Officer to pass award expeditiously within three months and maintain status quo on possession until award passed.

Padmamma Vs Principle Secretary Revenue( L.a) — Land Acquisition | Telangana HC (2012)

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THE HON’BLE MR. JUSTICE R. SUBHASH REDDY WRIT PETITION No.23655 of 2012

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ORDER:-

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Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition appearing for respondent

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Nos.1 to 4.

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This writ petition is filed with a prayer, which reads as follows:

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“… Hon’ble Court may be pleased to issue a writ of Mandamus or any other appropriate Writ, order or direction, declaring the action of respondents in trying to dispossess the petitioner one from S.Nos.22/C, 22/F, 23B, 24E, 25/A, 26/B, 323/D, 324, 326E, 323/B, 322/C, 325/D and 326/C, respectively measuring Ac.0-01; 0- 01; 0-06; 0-14; 0-05; 0-02; 9-10; 0-03; 0-03; 100; 1-26; and 0-22, in all measuring Ac.7-14 Gts. And Petitioners No.2 to 6 from S.Nos.22/C, 22/F, 23B, 24E, 25/A, 26/B, 323/D, 324 326E, 323/B, 322/C, 325/D and 326/C, respectively measuring Ac.0-01; 0-01; 0-06; 0-14; 0-05; 002; 9-10; 0-03; 0-03; 100; 1-26; and 0-22, in all measuring Ac.7-14 Gts. Situated in the limits of Moor village, Gattu mandal and consequentially direct the respondents to fix compensation amount for the above said lands of petitioners situated with in the limits of Moor village Gattu Mandal and refer the matter to the competent Civil Court under section 30 and 31 of L.A. Act for determination of the rights of parties over the disputed properties and consequentially direct the respondents not to dispossess the petitioner one from S.Nos.22/C, 22/F, 23B, 24E, 25/A, 26/B, 323/D, 324 326E, 323/B, 322/C, 325/D and 326/C, respectively measuring Ac.0-01; 0-01; 0-06; 0-14; 0-05; 0-02; 9-10; 0-03; 0-03; 100; 1-26; and 0-22, in all measuring Ac.7-14 Gts. And Petitioners No.2 to 6 from S.Nos.22/C, 22/F, 23B, 24E, 25/A, 26/B,323/D, 324 326E, 323/B, 322/C, 325/D and 326/C, respectively measuring Ac.0-01; 0-01; 0-06; 0-14; 0-05; 0- 02; 9-10; 0-03; 0-03; 100; 1-26; and 0-22, in all measuring Ac.7-14 Gts. Situated in the limits of Aloor village, Gattu Mandal”

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It is the case of the petitioners that they are the owners and possessors of the aforesaid lands. It is stated that on 14.02.2008, the Special Collector for Land Acquisition issued notification under Section 4(1) of the Land Acquisition Act, 1894 and acquired the aforesaid lands for Bheema Project. It is stated that the petitioners were shown as owners. In this writ petition, it is the grievance of the petitioners that though they have participated in the award enquiry in file No.A2/399/06, dated 03.11.2011, the respondents have not referred the matter to the civil Court for adjudication of the rival claims with regard to compensation for the aforesaid lands.

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On instructions, the learned Government Pleader appearing for

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the respondents submitted that with regard to granting of compensation no award has been passed yet and the proceedings are at award enquiry stage.

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Yet, even before the award is passed, the petitioners cannot seek direction to refer the matter under Sections 30 and 31 of the Land Acquisition Act, 1894. As it is stated that no award is passed, I deem it appropriate to dispose of the writ petition directing the Land Acquisition Officer to pass award by considering the claims of the petitioners as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. Further, there shall be direction to the parties to maintain status quo with regard to possession till award is passed. If any rival claims exist with regard to compensation, it is open to the Land Acquisition Officer to refer the matter to the civil Court as contemplated under the provisions of the Land Acquisition Act.

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Subject to the above directions, the writ petition is disposed of. No order as to costs.

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As a sequel, WPMP.No.30209 of 2012 stands disposed of.

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________________________ R. SUBHASH REDDY, J Date: 06.08.2012 ES

Padmamma v. Principle Secretary Revenue( L.a)

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Padmamma v. Principle Secretary Revenue( L.a)

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