Allowed

K.Vittal Reddy, v. The State of Telangana

Telangana HC8 Dec 2021WP/2582/2019

Case brief

AI extract

What is this about?

The High Court directed respondents to initiate land acquisition proceedings under the Land Acquisition Act, 2013 regarding 934 square yards of land possessed by them without compensation. The court held the taking of possession was illegal under Article 300-A and Article 14 of the Constitution.

What did the court decide?

Respondents directed to initiate land acquisition proceedings under the Land Acquisition Act, 2013 and pay compensation within three months.

K.Vittal Reddy, Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY ,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PETITION NO: 2582 OF 2019

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Between:

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K.Vittal Reddy, S/o. Late K. Ganga Reddy, Aged 69 years, Occ Business, Fl/o. House No.2-96, Kandlakoi Village, tvledchal trlandal, Medchal-Malkajgiri District (Old Ranga Reddy District), State of Telangana - 501401

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Saifabad, Hyderabad 500022.

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2 The Hyderabad Metropolitan Development Authority, Rep.by its Metropolitan Commissioner, HMDA Commercial Complex, Tamaka, Hyderabad - 500007

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? The Project Director, Outer Ring Road Project, Hyderabad Metropolitan Development Authority, HlvlDA Commercial Complex, Tamaka, Hyderabad 500007

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4 The Special Deputy Collector (L.A.), Unit-V, Outer Ring Road Project, Hyderabad IVetropolitan Development Authority, HlvlDA Commercial Complex, Tamaka, Hyderabad 500007

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High 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 Respondents in taking possession of petitioners' two house sites ad measuring 413 sq.yards in Sy.No.54 and 605 sq.yards in Sy.No.43 of Kandlakoi Village, Medchal Mandal, Medchat-Malkajgiri District for formation of Outer Ring Road without paying any compensation as illegal, unjust, arbitrary, discriminatory, without jurisdiction and violative of Articles 14, 19,21 and 300-A of Constitution of lndia and contrary to Land Acquisition Act, 2013 and consequently direct the Respondents to pay compensation to the petitioner for the said house sites under the Land Acquisition Act, 20'13 with all consequential benefits, including solatium, additional market value, additional compensation, interest from the date of taking possession of the said house sites.

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lA NO: 1 OF 2019

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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 direct the respondents to initiate proceedings under Land Acquisition Act, 2013 in respect of the petitioner's two house sites ad measuring 413 sq.yards in Sy.No.54 and 605 sq.yards in Sy.No.43 of Kandlakoi Village, Medchal Mandal, Medchal-Malkajgiri District as directed by the 4th Respondent in Lr.No.LA/Unit-Vl22lORR/2006 dt.17.04.2015 and pay compensation in accordance wrth law pending disposal of the above writ petition

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Counsel for the Petitioner: SRl. L. RAVICHANDER SENIOR COUNSEL FOR

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SRI. MAYUR MUNDRA

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Counsel for the Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT

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Counsel for the Respondent Nos. 2 to 4: SRl. y. RAMA RAO, SC FOR HMDA The Court made the following:

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THE HI ,N'BLE SRI JUSTICE T.VINOD KUMAR

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I'RIT PETITION No.2582 of 2Ol9

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ORDER:

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This Writ F:tition is filed to declare the action of respondents in taking possesr ion of petitioner's Iand admeasuring⁴¹³ square yards in Sy.No.$z and 605 square yards in Sy.No.43, both situated at Kandlakoi Vilk ge, Medchal Mandal, Medchal-Malkajgiri^District, lor formation ol Outer Ring Road (ORR) without paying any compensation, as illegal and arbitrary.

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Heard Sri t. Ravichander, learned Senior Counsel appearing for Sri Mayur M:ndra, learned Counsel for the petitioner, and learned Governm, nt Pleader for Municipal Administration & Urban Development app:aring for respondent No.1 and Sri Y. Ramarao, learned Standing lounsel appearing lor respondent Nos.2 to 4.

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Petitioner r ontends that he is thc owncr of three plots bearing Nos.105, 106 and 107 in Sy.No,54 admeasuring 439 squarc yards and also 605 square yards in Sy.No.43, rcspectively, totalling to 1018. square yards; that the respondents herve taken possession of tht aforesaid land lor formation of ORR without following due pro< ess of law and without paying any compensation therefore; and thz t the said action of respondent^is in^{violation of} Articles 14, 19 , 21 and Article 300-A of^{the Constitution of lndia.}

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Counter-affi lavit on behalf of re spondent^{Nos.2 to 4 is llled.}

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Sri Y. Ram,. Rao, learned Standing Counsel appearing^for respondents, whi: admitting to the fact of^{respondentshaving} taken possession^,f the land of the^{petitionerin Sy.Nos.54 and 43,}

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would however dispute^{the extent of land, takenpossession by the} respondents for the^{purpose of formation of ORR'By drawingthe} attention of this^{Court to the cornmunicationtitled as Memo dated} 01.04.20 14, addressed^{by the 4th respondent to the petitioner,the} Iearned Standing^{Counsel wouldcontendthat the total extent of} land of the^{petitioncraffectcdin ORR is only 934 squareyards in} both the survey^{numbers, uiz., Ac.0.05gts in Sy'No 43 and 329} square yards in^{plot Nos.105, 106 and 107 in Sy No 54, and not} 1018 square^{yardsas being claimed}

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Learned Standing^{Counsel, on the basis of the counter-} affidavit, would^{furtheradmit to the fact of landsof the petitioner} not being included in^{the Award passed byrespondents} whereunder various^{extents of land for formationof ORR havebeen} acquired during the^{year 2008 and 2009}

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7 . The said fact of the^{petitioner's landbeingtakenover by the} respondents and^{the samebeing not covered under the Award is} admitted by the respondcnts^{in para 3 of the counter-affidavitand} also in reply.to^{paras10 and t 5 to 24 of the writ averments'of the} counter-affidavit^{liled on behalf of respondent Nos'2 to 4'}

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Since the respondents^{admit to the fact of takingpossession} of the petitioner's^{land, withoutinitiating proceedings for acquiring} the said land by following^{due processof law, the petitioner being} dispossessed from his^{land without payment of compensation, the} action of the respondents^{is in violation of Article300-A of the} Constitution of India and^{the same cannot be countenanced'}

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In sit rilar circumstances, this Court in W.p. No.2g539 of 2016, dater 28.1O.2016, wherein the possession of the land was taken over cy the authorities without initiating land acquisition proceedings or payment of compensation, held that the action of the respond:nts to be illegal. Further, this Court by relerring to the Larger J |ench judgment of this Court in LAO.cum_Revenue

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Divisional ( rfficer v. Mekala pandul also held that the persons, who are dep^-ived of their land, by virtue of rhe same being taken possession t y the respondents without initiating land acquisition proceedings, are entitled to receive the compcnsation and the nonpayment of < rmpensation clause infringes the fundamental rights guaranteed u rder Articles 14 and 3 1 -A of the constitution of India. Having held ;o, this Court, in rhe above said judgment, directed the responde rts therein to initiate land acquisition proceedings under the Rit ht to Fair Compensation and Transparency in Land Acquisition ar d Rehabilitation and Resettlemenr Act, 2013 (Act 30 of 2013) and 1 ay compensation in accordance with law.

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The lear ned Standing Counsel would further submit that, in respect of ian is acquired under Awards passed in the 1,ear 200g and 2009, i- r order to give quietus to the challenge, the respondents h rve agreed to pay a sum of Rs.75 takhs per acre for road facing pr, ,perties and Rs.42 lakhs per acre for other lands as compensation rnd offered to pay to the petitioner compensation a[ the same rate rroportion to the extent oI land ol' 934 square yards, without there reing any need for initiation of proccedings under Act 30 of 20 13.

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t 2oo1 l2l ALD 451 ( .Bl

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11'ThelearnedSeniorCounselappearingforthepetitioner refused to^{accept the said offer, inasmuch as the said offer made} was in relation^{to awards passedin the year2O08 and 2009 under} the Land^{AcquisitionAct, 1894, and the respondentscannot} absolve themselves^{of initiatingproceedings under Act 3O of 2O13'} having failed^{to do so earlier'}

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In the^{facts of the presentcase, since the respondentsadmit} to the fact^{of taking possessionof the petitioner'sland to an extent} of 934 square^{yards withoutacquiring the same and the said} extent of^{landbeing not covered by the Awardspassedin respect of} various extents^{of landacquiredfor the formation of ORR earlier'} the respondents^{cannot be permittedto take shelterunder the} orderoftheHon'blesupremeCourttopaycompensationas determined^{under thesaid Award to the petitioner'The} respondents,^{havingdispossessed the petitionerfrom his land} without following^{due process of law' have compelled him to} approach^{this Court for enforcementof his rights invokingthe} jurisdiition under Article^{226 of the Constitution of India'}

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It is^{also for the reasonthat the petitionerdid not havethe} opportunity to^{file his objectionsapart from the respondents} conducting^{any survcy tonote the existence of any trees'} structures and^{other development undertaken} therein as^being contended by^{the petitioner'Therefore' the} respondents^are required to^{initiate land acquisitionproceedingsunder Act 30 of} 2013.

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Tt-us, the^{offer made todayby the iearnedStanding Counsel} to pay compensation^{as per the rate fixed by the Hon'ble Supreme}

CourtinC.A.Ilo.645lof2016filedagainsttheorderol.Division Bench in^{restr ect of iands which were acquired for formationof} ORR on^{the be sis of awardpassedthereforcannotbe accepted'}

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Though^{there is a dispute with regard to the extent of land} which the^{pet tioner claims as having been dispossessed'whilethe} respondents^{r-dmit to an extent of 934 square yards only' the} learned Senio^{Counsel appearingfor the petitioner farrlyconcedes} that his^{clien. would agree,if the land acquisition proceedingsare} initiated^{in r' spect of 934 squareyards as mentioncd in Memc>} datedo1.04.2]l4andcompcnsationispaidcxpeditiouslv.

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ln^{view of the above, the respondentsare herebydirectedto} initiate^{land I cquisitionproceedings under the Act 30o1 2013and} determine^{th Icompensation payable in respect of 934 square} yards of lanr^{of the petitionercovered by Sy'Nos'43 and 54 in} accordance^{v ith law and make payment thereof to the petitioner'} Since the^{pe itionerhas been dispossessedfrom the land by the} respondents^{vithout following due processof law' the respondents} shall endeavr^{ur to complete the entireprocessof passing an Award} for acquiring^{the said land of the petitioner to the extent of 934} square^{yardsand make payment as determined'withina period of} three^{(3) mol ths from todaY'}

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Subjec - to^{the above direction, the Writ Petition rs allowed} No costs

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()

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<br>

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As a sequel thercto, the miscellaneous petitions pending, if

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any, shall stand closed. No order as to costs.

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SD/-K.VENKAIAH ASSISTANT^REGISTRAR

//TRUE^COPY//

SECTION^OFFICER

To,

The^{Principal Secretary'trilunicipal Administratron-and Urban Development} s;tt"iu'ilt'^{s''ruoad'Hvderabad s00022'}

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Department,^{state of} '";;;5'

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The^{Metropotitancommr3si";;;:H;;";"badMetropolitan Development} Authoritv,^{HMDA comm#"r'"i"'i'i*'r'maka'.Hvderabad - 500007}

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3 The^{proiect Director,, or-i; R;; R;;J Prole_ct, Hyderabad Metropolitan} Development^Authoritv' 'jil;^^{B;;;;i"iui cornpr"*'Tamaka' Hvderabad}

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o. ?on3o8J"",rl^{Deputv collector(L A )" unit-V' outer.RinoRoad Proiect'} Hvderabad Metropotitant:"""[fr;;iilthority^{HMDA commercial complex'} TamaXa,^{HYderabad 500007}

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s b'"" iE't"'s*^{lvlavurlr'4undraAdvocate toly9l,^} ;. 5;; cc^{io s,i. Y Rama Rao' sc for HMDA t9?y9'} 7. Two^{ccs to GP tor rvrunlt"ar"nim]"itii't'""'au'oJn Development'HighCourt} ' ioiin" st.t" of relangana [ourl

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