Muthuam Rama Krishna and 2 Others v. State of Telangana and 5 Others

Telangana HC23 Mar 2022WP/13757/2022

Case brief

AI extract

What is this about?

Special Bench of the Telangana High Court disposed of a writ petition challenging the land acquisition award and compensation disbursement at the admission stage, based on the consent of parties and the subject matter being addressed by the respondent's instructions regarding regulatory provisions.

What did the court decide?

Writ petition closed with consent as the grievance was redressed by respondent's instructions on non-disbursement of compensation.

Muthuam Rama Krishna and 2 Others Vs State of Telangana… — Land Acquisition | Telangana HC (2022)

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

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WEDNESDAY ,THE TWENTY THIRD DAY OF I\4ARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE SRIJUSTICE A,ABHISHEK REDDY

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WRIT PETITION NO: 13757 OF 2022

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Between:

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lVluthuam Rama Krishna, S/o Late Rama Lingaiya, Aged about 35 years, Occ. Agriculture, No. 147, Tallagudam Village, Kamepally Mandal, Khammma District.

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I,4uthuam Satyanaryana, S/o Late Rama Lingaiya, Aged about 35 years, Occ. Agriculture,^eJo. 147, Tallagudam Village, Kamepally lr/andal, Khammma District.

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Muthuam Kamalama, Wio Late Rama Lingaiya, Aged about 35 years, Occ. Agriculture, Rlo. 147, Tallagudam Village, Kamepally lVandal, Khammma District.

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...PETITIONERS

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AND

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State of Telangana, Rep. by its Principal Secretary to Government, Revenue (Land Acquisition) Department, Secretariat, BRK Bhavan, Hyderabad.

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District Collector, Khammam District at Khammam. 3. Special Deputy Collector-cum-Land Acquisition Officer, Sita Rama Lift lrrigation Project, IPTC Railways, Khammam District at Khammam.

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Nallamothu Bhadarama, W/o Srinu, Aged about 48 years, Occ. House wife, R/o Tallagudam Village, Kamepally Mandal, Khammma District.

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Nallamothu Anusha, Wo Kishore, Aged about 30 years, Occ. House Wife, Fl/o Tallagudam Village, Kamepally Mandal, Khammma District.

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Kampatsti Renuka, W/o Achaiah, Aged about 35^years, Occ. House Wife, Fl/o Tallagudam Village, Kamepally mandal, Khammma O'.]l&LrrO,UOr*r,

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Petition under Article 226 of lhe Constitution of lndia^praying that in the

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circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the award^passed by 3rd Respondent in^R.C.No. P.1111112020 dated 21 .01 .2021 dated and^preliminary Notification in^Form-Vl under Sectlon Sub Rule⁽¹⁾ of Rule 19 and Section^{1 1 (1) of the Act 30 of 2013,} dated 25.08.2020^published in the^{District GazetteA312812020vide R.C.} Bl111l2O2O, dated. 03.09.2020 to an extent of^{Ac.10.24 Guntas, whichwas} published in different Telugu Daily Newspapers in Khammam District Edition and contemplating to disburse compensation^{amount to respondents 4 to 6 without}

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considering our^:laim being rightful owners and possessors as the same is illegal/ irregular, rrational and amounts to non discharge of legal obligation conferred on res 'ondents 2 and 3 under the provisions of The Right to Fair Compensation a rd Transparency in Land Acquisition, F:ehabilitation and Resettlement Act, 2013 and offends articles 14,21 and 300-4 of Constitution of lndia and conse luently direct the respondents 2 and 3 not to disburse compensation in avour of respondents 4 to 6 without deciding upon our said objections.

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lA NO: 1 OF 2022

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Petition unc :r Section 151 CPC praying that in the circumstances stated in the affidavit file, in support of the^petition, the High Court n ay be^pleased to direct the Respon ient No. 2 and 3 not to disburse compens,ation in favor of Respondents No. l to 6 which is for the land admeasuring about 10 Ac 24 Guntas situated in 3y. No. 77(7712) of Lingala Revenue Village Kamepally mand Khamma District,^p :nding disposal of the main Writ Petition.

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Counsel for the Pe itioners: SRI AARE VENKATESWARA RAO Counsel for the Re ;pondent Nos.1 to 3: GP FOR LAND ACQUI$lTlON Counsel for the Re ;pondent Nos.4 to 6:-------

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The Court made th following: ORDER

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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1VRIT PETITION No.13757 of 2022

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ORDER:

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Heard learned Counsel for the petitioner and the learned Government Pleader for Land Acquisition. With their consent, the writ petition is disposed of at the admission stage.

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i !

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Seeking to declare the award passed by respondent No.3 d,ated 2O.O1.2021, preliminary notification under Rule 19(1) and Section 1 1 ( 1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, dated 25.08.202O in respect of the Acs.10-24 guntas, as illegal and arbitrary and consequently to direct the respondents not to disburse the compensation amount in lavour of unofficial respondents herein, the present Writ Petition is filed.

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Learned Government Pleader has placed before this Court a copy of the written instructions received from the Special Deputy Collector (LA), IPf & Railways, Khammam, wherein it is stated that as the transactiot-ts are hit by the provisions of Scheduled Areas Land Transfer Regulation Act, 1970^(Act I^of l97}l, the authorities concerned have not paid^the compensation amount to any^person and are referring^the

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matter under liection 64 read with Section 77 of the Right to Fair Compens ltion and Transparencf in Land Acquisition, Rehabilitation rnd Rese ttiement Act. 20 i 3.

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In vier.l't f the above, the grievance of the petitiorler stands redressed and :he writ petition is, accordingly, closed.

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The mis lellaneous petitions pending, if anr., shall stand

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closed. There shall be no order as to costs.

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