Mulkala Srinivas v. The State of Telangana

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.5183 OF 2019

ORDER:

This is a case where the petitioners challenge the order dated 04.04.2018, determining compensation payable to the lands which were acquired from them.

1. It is the case of the petitioners that under the consent award, other similarly situated individuals whose lands are adjacent to the petitioners’ lands have been paid compensation @ 13.75 lakhs, whereas so far as the petitioners are concerned, because they have not agreed for making consent award, they have been paid only three lakhs per acre, thereby there is hostile discrimination. It is the specific contention of the learned counsel for the petitioners that merely because the petitioners did not agree for consent award to be passed, they shall not be deprived of just compensation as is required to be paid for the lands, especially when similarly situated persons are being paid a sum of Rs.10 lakhs per acre as compensation under the consent award.

1. It is the specific contention of the learned counsel that once either under the consent award or under the relevant provisions of the Land Acquisition Act, the compensation determined is at ten lakhs, there cannot be a different

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yardstick that can be applied to the petitioners’ lands, merely because they are asserting their rights in law.

1. Taking into consideration all these aspects, learned Government Pleader was directed to file a counter affidavit and get specific instructions with respect to the alleged discrimination meted out by the petitioners.