Allowed

K. Narasimha Reddy v. The State of Telangana

Telangana HC11 Jul 2023WP/17532/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking mandamus to direct government officers to consider pending applications for reference of land acquisition awards to the competent authority for compensation enhancement, rejecting the response that evidence was required for such applications.

What did the court decide?

Directed respondents to consider petitioners applications seeking reference of awards to the competent authority for redetermination of compensation within two weeks.

K. Narasimha Reddy Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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132521

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HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Originat Jurisdiction)

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TUESDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 17532 oF 2023

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Between:

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1 K. Narasimha,Reg.dyr. S/g Ramakrishna Reddy. aged about 60 years, Occ. Agriculture, R|/o. H. No. 2-62, Naganole Viltaje, Nagarkurnool Mandal and District.

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2 K. Amulyl, Wo. Narayrn Reddy. aged about 62 years, Occ. Household, Rt/o. 3 K. 5 [o Bucha 1-0, Re^ddV,.p/o,.Late^K. lnjqmoor^{Village, Koitkonda} R_ama^lvtandat, Reddy,^{M'ahabubnagar District.} aged aboui Z6 yeari, Occ. flgriculture,^{Rt/o. H. No. 88/8, Opp. primdry Schoot,} Vengalrao Nagar, Hyderabad.

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AND

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...PETITIONERS

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The State of Telangana, Rep.. by its.principal Secretary, Revenue (LA) p_epartment, Secretariat, Hyderabad.

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The Collector (LA), Nagarkurnool District. Naqarkurnool.

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The and Resettlement Revenue Divisional Authority, officer, for Palamoor'Ranga Land Acquisiiion officer Reddy Lift for lrrigation- Rehabilitation- - Scheme, Unihll, Nagarkurhool.

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd and 3rd respondents in not considering pending application dated 05-01-2023 and 02-02-2023 submitted by the petitioners to refer the award No. 1212019, dated 24-ot-2o19 and Award No. 1312019, dated' 30-07-2019 to the authority for enhancement of the compensation in respect of the land in Sy. No. 26b, admeasu ring Ac,.41_12 guntas situated at Pothireddypally village, Thimmajipet tMandal, Nagarkurnool District, though the petitioners received the awarded compensation under the protest, as illegal, unlawful, contrary to law and consequently direct the 2nd and 3rd respondents to refer the above two awards for enhancement of the compensation to the authority under the provisions of Land Acquisition Act, 2013

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lA NO: 1 OF 2023

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Petrtion under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Coufl nray be pleased to issue the interim order directing the 2nd and 3rd respondents to consider the pending application dated 05-01-2023 and 02-02-2023 submitted by the petitioners for reference of the award No. '1212019, daled 24-07-2O.lg and Award No. 13/20'1 9, dated 30-07-2019 to the authority for enhancement of the compensation in respect of the land in Sy. No. 265, admeasuring Ac., 41-12 guntas situated at Pothireddypally village, Thimmajipet Mandal, Nagarkurnool District covered by the above mentioned two awards. pending disposal of main Writ Petition.

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Counsel for the Petitioner: SRl. M. DAMODAR REDDY

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Counsel for the Respondents: GP FOR LAND ACQUISITION

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The Court made the following: ORDER

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()

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No.17532 OF 2023

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ORDER:

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Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition a ppea ri ng for respondents.

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The petitioners approached the Court seeking the prayer as follows:

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"To issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in not considering pending application dated 05.01.2023 and 02.02.2023 submitted by the petitioners to refer the award No.1212019 dated 24.07.2079 and Award No.13/2019 dated 30.O7.2019 to the authority for enhancement of the compensation in respect of the land in Sy.No.265 admeasuring Ac.4l-72 guntas situated at Pothireddypally village, Thimmajipet Mandal, Nagarkurnool District, though the petitioners received the awarded compensation under the protest, as illegal unlawful contrary to law and consequently direct the 2nd and 3rd respondents to refer the above two awards for enhancement of the compensation to the authority under the provisions of Land Acquisition Act 2013 and pass such other order or orders which are necessary in the interest of^justice. "

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t,.

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Learned Government Pleader for Land Acquisition brings on record written instructions^vide No.B/'J,76L/ 2017 dated A5.O7.2023 and the relevant portion of the said written instructions reads as under:

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"The applications submitted try the writ petitioners dated 05.01.2023 and O2.O2"2O23 are not considered because they have not^adduced any material evidence in support of their claim^for the enhancement of Iand compensation @Rs.20,OO,OOO/- to^{R.s.25,OO,O0O/- to refer the} cases to the Presiding Officer Uls 64 of^{LA R&R} Authority for the Telangana State' Hyderabad^for con sid eration ".

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The relevant portion of Section 64 of the Right^to Land Fair Compensation and Transparency in Acquisition, Rehabilitation and Resettlement^{Act, 2013} reads as under:

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(1) Any person interested who has not accepted the award mav. bv written a oolication to the Collector, reouire that the matter be referred bv the Collector for the rmination o e h ,^{as the case}

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may be, whether his objection be to^the measurement of the land, the amount of the compensation, the person to whom it is^payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:

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,.)

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Provided that th e Col lector sha ll, within a period of thirty da ys from the date of receiDt of aDDli tion, make a reference to the aooroo riate Authoritv:

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Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days.

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(2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made--

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(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the daie of the Collectors award;

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(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 21. or within six months from the date ot the Collectors award, whichever period shall first exp ire;

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Provided fu her th t the Col lector mav entertain an aopl ication after the exoi of the said Deriod, with in a further oeriodof one vear- if he is satisfi ed that there was cren sef f o fi itw hin h Derr d soecifi ed in the first oroviso."

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A bare perusal of Section 64 clause (1) of the Right to

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Fair Compensation and Transparency in Land Acquisition, Rehabilitation and ResetUement Act, 2013 clearly indicates that any person intere5ted, who has not accepted the award may, by written application to the Collector, require that the

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1:.

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inatter may he referred bv ihe Collector for the determination of the Autlrority, as the cas. may be, whether h:s objection be to the measurement of Ianc, the amount of cornpensation, the person to whom it is payabie, the rights of rehabllitation and resettlenlent under Chapte i-s V and Vi or the apportionment of the compensation amonq the persons interested. I'he said Clauses (1) and (2) ot' Section 64 of the Right to Fair Compensation and Transparency in Land Acquisttion, Rehabilitation and Resettiernent Act, 2-0 i3, hoiruever, do no[ mandate or direct the applicant to adduce any evidenceⁱⁿ support of lhe said appr catiort seekirrg reference^'.o the Authority nor fui-nishing of arry ciocurTients.

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It is represented by learned Government Pleader for Land Acquisition that the writ^petition could be disposed of directing respondent Nos.2 and 3 to consider the petitioners applications dated 05.01.2023 and O2.O2.2O23 filed by the^petitioners seeking reference of the Award No.LZ/2QL9, dated 24.07.2OL9 and Award No.13l2019, dated 3O.O7.zOLg to the competent Authority for re-determination of compensation tn respect of the land in Sy.No.265,

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admeasuring AC- L-LZ guntas situated at Pothireddypally Village, Thimmajipet Mandal, Nagarkurnool District as per Section 64 of the Right to Land Fair Compensation and Transparency in Acquisition, Rehabilitation and Re-settlement Act, 2013.

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Taking into consideration the above said submission and duly considering Section 64 Clause (1) of the Act, 2O13, the writ petition is disposed of directing respondent Nos.2 and 3 to consider and refer the petitioners' applications, dated O5.01.2O23 and O2.O2.2O23 filed by the petitioners with a request to refer the Award No.L2/2Ot9, dated 24.O7.2OL9 and Award No.13l2019, dated 3O.O7.zOLg to the competent Authority for re-determination of compensataon in respect of the land in Sy.No.265, admeasuring Ac,4L-L2 guntas situated at Pothireddypally Village, Thimmajipet Mandal, Nagarkurnool District, within a period of two (O2) weeks from the date of receipt of copy of this order. However, there shall be no order as to costs.

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] d

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a_.

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Miscellaneous petit ors, if anv, pending in this Writ

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Petition, shail stand closerl

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SDL P. PADMANABHA^REDDY ASSISTANT REGISTRAR //TRUE COPY/I C-B SECTTON OFFICER

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To, 1 The Collector^{(LA), Nagarkurnool District, Nagarkurnool'} 2 Til R;;;;;"^{bivisiona"t officer, Land Acquisiiionofficer for Rehabilitation} ini fi"i"ttf"rn"nt^{Authority,for Palamoor'RangaReddy Lift lrrigation} Scheme, Unit-ll,^{Nagarkurnool.}

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3 i;; Cc; i" oi roh^{LAND AcoulslrloN,High court for the State of} Telanqana,AT^HYderabad [OUTI

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4 o;; iC to sRl^'tM DAtvotjAR^{REDDYAdvocate [oPUC]} 5 Two CD CoPies

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" BIVI

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.$^-cLe

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HIGH COURT

DATED:111O712023

ORDER

WP.No.17532 ot²⁰²³

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DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS

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K. Narasimha Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

K. Narasimha Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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