Disposed

R Mahesh Reddy v. State of Telangana

Telangana HC12 Jul 2023WP/22799/2020

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition challenging land acquisition proceedings under the 2013 Act. After the High Court observed that certain land parcels were dropped due to alignment deviation, it vacated the interim stay order and directed authorities to proceed with the acquisition of remaining land by following due process.

What did the court decide?

Vacated the interim stay order and directed respondents to consider acquisition of remaining land following due process of law.

R Mahesh Reddy Vs State of Telangana — Land Acquisition | Telangana HC (2023)

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

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WEDNESDAY,THE TWELFTH 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:,22799 OF 2020

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Between

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R Mahesh_Re99y,.Slo lqte R Jagannath Reddy Age. 59, Occ. Software Consultant Fl/o. Villa No. 109, Hill Ridge Villas, Gachibowii, Hyderabad.

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...PETITIONER

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AND

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1- state of .Telargana, Thru its Principal Secretary Revenue(Land Acquisition) Secretariat, Hyderabad.

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State _^{of Telangana, Thru. its principal Secretary lrrigation} and CAD Department, Secretariat, Hyderabad.

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The District Collector, Medak District.

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Revenue Divisional Officer, Medak.

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Tahsildar, Shankarampet (R) Mandat, Medak District.

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The District Registrar, Stamps and Registration Department, Medak District.

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Z. In". Sub Registrar, Stamps and Registration Department, Ramayampet, Medak District.

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B. Mandal Development Oflrcer, Shankarampet Mandal, Medak District.

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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 therew,ith, the High Court may be pleased to issue a wriu order or direction more particularly one in the nature of writ of mandamus to A) Declare the notification under Sec i 1(1) in proceedings no. G1134612O18 dated 27-10-2018 in respect of petitioners lands admeasuring Ac 343 gts situated situated in Sy Nos. 18/E,4t1,59,60,61 , 116lAA, 17ZlA, 'l77lAA2 at Kamaram Village, Shankarampet (R) Mandal, Medak District as illegal, arbitrary, unconstitutional and contrary to the provisions of the Right to Fair

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Compensation and^Transparency in^{Land Acquisition,Rehabilitationand} Resettlement Act, 2013^{(Act 30 of 2013)andto consequently set aside the same}

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b) Declare the^proceedings of the^{RespondentNo.3 in proceedingsno} G1134612018-g daled^{24-09-2020as illegal, arbitrary, unconstitutionaland} violative of Sec^{1 I} ,^{Sec1 5(2), Sec 19(7) and sec 26 of the Right to Fair} compensation and^{TransparencyinLand Acquisition, Rehabilitation and} Reseftlement Act,^{201 3 (Act 30 of 2013)}

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c) To declare the rejection^{letter of the respondents nos 3 and 4 dated 21-10-2020} in letter no. c1178612o18^{as illegal arbitraryand unconstitutional and contrary to} the provisions of the^{Rightto Fair compensationand Transparency in Land} Acquisition, Rehabilitation^{and ResettlementAct,2013(Act 30 of 2013)more} specifically sec 26^{and 27 of lhe Act, 2013 and the Telangana Revisionof Market} Value Guidelines Rules,^1998.

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d) in the alternative^{direct the Respondentsto give landfor landcompensation in} the same village i.e^{Kamaramor any othersurrounding village with same} potentiality for an equal extent of Ac^{3-03 gts}

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ANO:1 OF2020

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petition under Section 151 CPC praying that in the circumstanced statedⁱⁿ the affidavit filed^{in support of the petition,the Highcourt may be pleasedTo} issue interim directions^{stayingall further proceedings pursuantto notification} dated 27-1O-2O18^{under sec 11(1) in proceedingsno. G1134612O18 in respect of} the Petitioner's land^{admeasuring Ac 343 gts situated situatedin sy Nos.18/E,} 48,59,60,61, 176/AA,^{177tA, 177tAA2 at Kamaram Village, Shankaranpet(R)} Mandal, Medak District.

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lA NO: 2 OF 2020

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Petition under Section 151 CPC^{prayingthat in the circumstancesstatedin} the affidavit filed in support of the^petition, the High Court may be^pleased to^issue interim orders suspending the proceedings of the respondent No. 4 dated 21-10-2020 in LR C1178612018 pending disposal of the writ petition by

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directing the respondent to consider the representation of the petitioner dated 01-07-2020 to arot equar extent of rand with same fertirity in Kamaram village or surrounding villages enroute to Hyderabad.

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lA NO: 1 oF 2021

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Between

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1' State of rerangana, Thru its principar secretary Revenue(Land Acquisition) Secretariat, Hyderabad.

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The District Collector, Medak District.

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The Revenue Divisional Officer, Medak. 4. The Tahsildar, Shankarampet (R) Mandal,

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...PETITIONERS

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And

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(RESPONDENTS 1,3,4,5)

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R Mahesh Reddy, S/o Late R Jagannath Reddy Age. 59, Occ. Software consurtant R/o. viila No. 109, Hi[ Rilge vittas, cainioJwri, nyoeraoal."""-

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...RESPONDENT

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state .^{or reransana:} I!ru^{its principar.""t:['J''?]r=rYi"ttill"t=^?}

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Department, Secretariat, Hyderabad.

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3' The District Registrar, ^stamps^{and Registration Department, Medak District.}

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The Sub Registrar, Stamps and R6gistration O.prrtr.ni,^-nlrry"rp",, Medak District.

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Mandal Development Officer, Shankarampet Mandal, Medak District.

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...RESPONDENTS

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(RESPoNoENT$ 2,6 to s)

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Petition under section 15r cpc praying that in the circjmstances stated in the affidavit fired in support of the petition, the High court may be pleased to vacate the interim order dated 16t12t2o21 in r.A No 1 of 2020 in W.P. No 22799 ot 2O20.

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Counsel for the Petitioner : SRl. VIVEK JAIN

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Counsel for the Respondents: AGp FOR LAND ACeUtStTtON AND ADDITIONAL ADVOCATE GENERAL

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The Court made the following: ORDER

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.-it

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HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION 0.22799 0F 2lJ2(J

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ORDER:

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Heard learned counsel for the Petationer and^learned Assistant Government Pleader for Revenue^(Land Acquisition) and learned Additional Advocate^General, appearing on behalf of the respondents.

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2, The petitioner has approached this Court, seeking the following relaef:

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"to issue a writ/order or direction more^particularly one in the nature oF writ of mandamus to^(a) Declare the notification under Sec 11(1) in proceedings No.Gl/346/2018 dated 27.L0.20L8 in respect of petitioners lands admeasuring Ac.3-03^I gts.. situated in Sy.Nos.lBlE, 48, 59, 60, 61, 176/AA, 177/A, 177/AA2 at Kamaram Village, Shankarampet (R) Mandal, Medak District as illegal, arbitrary, u nconstitutiona I and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and to consequently set aside the same (b) Declare the proceedings of the Respondent No 3 in proceedings no. cL/346/2018-9 dated 24-09-2020 as illegal, arbitrary, unconstitutional and violative of Sec 11,

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Sec. 15(2), Sec 19(7) and sec 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resetuement Act, 2013 (Act 30 of 2013) (c) To declare the rejection letter of the respondents nos. 3 and 4 datecl 21.70.2020 in letter no.C/L786/2O18 as iilegat arbitrary and unconstitutional and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation anc, Resettlement Act, 2013 (Act 30 of 2013) more specifically Sec.26 and 27 of the Act, 2013 and the Telangana Revision of Market Value Guidelines Rules, 1998 (d) in the alternative direct the Respondents to give land for land compensation in the same village i.e., Kamaram or any other surrounding village with same potentiality for an equal extent of Ac.3-03 gts.,,

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! 3. This Court vide its order dated L6.12.2O2O pFssed interim order in I.A.No.l of 2O2O in W.p.No.22799 ot 2O2O, and in particular, the retevant para, reads as under:

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"In that view of the matter, prima faice, the acquisition proceedings initiated under Section 11 would be liable to be set aside. Inasrnuch as Section 38 of the Land Acquisition Act mandates that unless the Award is made and the compensation amount is paid, no possession can be taken, there shafl be interim stay of al! further proceedings including

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making of Award pursuant to the impugned Notification.

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Learned Special Government Pleader^A.Sanjay Kumar takes notice.

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So far as the first^ground is^{concerned,the} matter is required to be considered in due^course. Respondents are at liberty to^{move a vacate} petition . "

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In pursuance to filing of the writ^{petitionin the year} 2O2O, the 4th respondent made an^{Endorsementvide} proceedings Letter No,C/L7a612O18 dated^L4-O6.2O23 statang that there is a deviation in the^{pnoposedalignment} for 29O metres length along the roadside i.e.,^{right side to} the actual alignment so as to make^{the Kamaram tank} (Oora Cheruvu) as Balancing Reservoir and the DiEtrict i Collector, Medak had accorded^{permission for change in} alignment that is starting from^KM. 23.225^{to KM. 24.000} of the Shankarampet Branch canal^(Maan cana!)^{as the} canal to be diverted from KM.23.225 with a^{length of 29O} meters along the roadside i.e., right side to the actual alignment so as to make the Kamaram Tank^(Oora Cheruvu) as Balancing Reservoir. Further the^petationer was informed that the land of the petitioner and his family members in Sy.No,176 and 177 which was previously

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sought to be acquired has been dropped in light of the endorsement dated 14.06.20.23, ft is atso observed in the said letter dated 14.O6.2O23 that the deviation an the alagnment is helpful for providing discharge and vetocity as designed for the canal so as to reach the tail end.

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Learned counset for the petitioner brings on record a Memo vide USR No.l ot 2OZg dated 28.O6.2O23, which reads as under:

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"The respondent No.4 vide endorsement bearing Lr.No.C/1786,/2018 dated L4.06.2023 has deviated the alignment for 290 meters length along the roadside i.e., right side to the actual alignment so as to make the Kamararn tank (Oora Cheruvu) as Balancing Reservoir. Due to the said deviation land. admeasuring Ac.5-19 9ts., situated aq Sy. No. 128lAAl1 (Ac. 1-00 gts.), 128/ A/ r/ t (Ac. | _ t2 gts.), 777/A/2 (Ac.O-27 gts.), L77/A (Ac.0_28 gts.), t76/A (Ac.O-25 gts.), L78/A2 (Ac.o_31 gts.), 178/AA (Ac.0-13 gts.) and t79/AA (Ac.0_03 gts.) at Kamaram Village, Shankarampet (R) Mandal, Medak District which was previously requisitioned will not be acquired or compensated. The petitioner was informed that the land of the petitioner and his family members in Sy.No.t76 and 177 which was previously sought to be acquired has been dropped in light of the endorsement dated t4.O6.2023. The

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notification under Section 11(1) in^proceedings No.Gl/346/2018 dated 27.L0.2018 is liable to be set aside in respect of Sy.No.176 and 177 in light of the endorsement bearing Lr.No.C1l1786/2018 dated 14.06.2023. The^petitioner is attaching a copy of the endorsement bearing Lr.No.ClL7B6/2O18 dated 14-06-2023 for consideration by this Hon'ble Court.

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The petitioner has no objection for acquisition of the remaining extent of landⁱⁿ Sy.Nos.18/E, 48, 59, 60, 61 at^Kamaram Village, Shankarampet (R) Mandal,^Medak District if the respondents seek to acquire the same after^paying compensation to the petitioner as per the prevailing market rates. In these circumstances, the interim order dated [6.L2.2O2O may be vacated and the Hon'ble, Court may consider the petitioner'sl submissions and dispose of the writ^petition asl this Hon'ble Court may deem fit and necessary in the interest of^justice.

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Hence, this Memo."

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Taking into consideration the contents of the Memo filed by the petitioner vide USR No.1 of 2023 dated 28.06.2023 (referred to and extracted above), and duly considering that the land of the petitioner and his family members in Sy.Nos.176 and lll, which was previousty

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sought to be acquired has been dropped in the light of the endorsement vide letter No.C/tTA6lZOLA dated L4.O6.2O23, and also taking into consideration the fact that the petitioner has no objection for acquisition of the remaining extent of land in survey Nos.lg/E, 48,, Sg, 60, , 61 at Kamaram Village, Shankarampet (R) Mandal, Medak District if the same is acquired by the respondent authoritaes by paying compensation to the petationer as per the rules and as per prevailing market rates, the writ petition is disposed of directing the respondents, to consider the acquisition of the remaining extent of petitioner's land in Survey Nos. lgr/E, 4g, Sg, 6O, 61 at Kamaram Vi!!age, Shankarampet (R) Mandal, Medak District, by following due process of law. However, there shall be no order as to costs,

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