Disposed

K. Prameela, R.R. Dist. and Anr. v. Prl. Secy., Infrastructure and INVESTMENT(IID-2) Dept and 2 Ot

Telangana HC10 Sept 2024WP/21835/2013

Case brief

AI extract

What is this about?

Petitioners sought balance land acquisition compensation for their acquired land forming part of the Outer Ring Road project, payable under a consent award and a civil court award in LAOP No.773/2009. Respondents admitted the balance due. The Court directed release of the balance with 12% interest within eight weeks.

What did the court decide?

Respondents directed to pay admitted balance of Rs.7,21,913/- plus 12% interest from consent award date, after verifying successorship documents, within eight weeks.

K. Prameela, R.R. Dist. and Anr. Vs Prl. Secy… — Land Acquisition | Telangana HC (2024)

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HIGH COURT FOR^{THE STATEOF TELANGANA AT HYDERABAD} (Special Originel Jurisdiction)

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TUESDAY, THE TENTH DAY OF SEPTEI\4BER TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE^{C.V.BHASKARREDDY}

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WRIT PETITI ON NO: 21835^{OF 2013}

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Between:

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1 K. Prameela, W/o Late^{YallaReddy,Aged 60 Years, Occ Household,R/o} Hameedulla Nagar Village,^{Shamsha-bad-Mandal,Ranga Reddy District'}

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2 K.Ramana Reddy, S/o^{Late Yella Reddy,Aged about 40 Years, Occ} Agri-uiture, R/o liameedulla^{Nagar Villag6,ShamshabadMandal, Ranga} Reddy District

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...PETITIONERS

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AND

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1 The State of Andhra^{Pradesh, Rep.by its PrincipalSecretary, lnfrastructure} and lnvestment^{(llD-2) Department, peLretariat Buildings, Hyderabad'}

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The Project Director^{& special collector,outerRing Road, LandAcquisition,} Hyderabad

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The Special Deputy Collector^{& Land Acquisition Officer,LA Unit-l'H.U DA,} Outer Ring Road Project,^{Tarnaka.Hyderabad}

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: ...RESPONDENTS

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Petition under Article^{226 of the constitutronof lndia praying that in the} circumstances stated in^{the affidavit filedtherewith,the High Court may be} pleased to issue an appropriate writ, order^{or direction,more particularlyone in} the nature of writ of^{Mandamus, declaring the action of the Respondents for non-} payment of balance compensation amount^{Rs.10,08,000/- alongwith accrued} lnterest to the Petitioners^{in termsof consentAward dated2310112008 0f the 3rd} Respondent and also^{the Awarddated .30/06/2011of the civil court in LAOP} No.77312009 on the file of^{the Honble chairman,LandAppellate Tribunal-cum-ll} Additional District Judge,^{Ranga Reddy District, NTRNagar'Hyderabad,as} illegal, void, without^{jurisdiction andviolativeof principlesof natural justice,and} consequently direct the^{Respondentsto:pay the balance compensationamount}

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Rs. 10,08,000/- along with accrued lnterest @ 24% per annum from the date of Award dated 2310112008 to the Petitioners herein immediately.

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l.A. NO: 1 OF 2013(WPMP. NO: 26760 0F 2013)

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Petition under section 15i 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 pay the balance compensation amount Rs.10,08,0001 along with accrued lnterest @ 24% per annum from the date of Award dated 2310112008 to the Petitioners herein immediately, pending disposal of the writ Petition.

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Counsel for the Petitioners: SRI G.VENKAT REDDY

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Counsel for the Respondents: Gp FOR LAND ACQUISITION The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.21835 of 2013

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ORDER:

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This Writ Petition, under Articie 226 of the Constitution of

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India, is filed by the petitioners, seeking the following reliel

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"... fo issue an^appropiate Wi|^{Order or direction} more particularly one in the nature of Writ of Mandamus declaing the action of the Respondents for non-paAment of balance compensation amount Rs.1O,08,OOO/- along u-tith occrued lnterest to the Petitioners in terms of Consent Award dated 23/01/2OOB of the 3,a Respondent ond also the Autard dated 30/ O6/ 2O 1 1 of the Ciu Courl in L.A.O.P. No.773/2009 on the fle of the Hon'ble Chairman, Land Appellate Tibunal-Cum-Il Additional District Judge, Ranga Reddg District, NTR Nagar, Hyderabad as illegal, uoid uLtthout juisdiction and uiolatiue of pinciples of naturat justtce and consequently direct the Respondents to paV the balance compensation amount Rs.1O,0B,0OO/- along with accrued Interest @ 24% per annum from the date of Au.tard dated 23/ O1/ 2O08 to the Petitioners herein immediatelg and pass..."

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It is stated that the petitioners are the absolute owners and possessors of the land to an extent of Ac. 1.32 gts in Sy.No. 184 situated at Hameedulla Nagar Village, .^{ShamshabadMandal,Ranga Reddy District. It is the case of the} petitioners that their names have been recorded in the revenue records as absolute owners and possessors of the land to the said extent and they are in enjoyment of the same. It is the further case of the petitioners that respondent No.3 issued a notihcation for acquiring lands of the petitioners, along with

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other lands, to an extent of Ac.59.31 gts, which are forming part of various survey numbers for the purpose of formation of outer ring road. It is the further case of the petitioners that respondent No.3 passed consent award uide proceedings No.L.A./Unit-Il 14 l2OO5, dated 23.Ol.2OOa in terms of G.O.Ms.No.14, dated 18.12.2006 and in respect of the extent of Ac. 1.39 gts in Sy.No. 184, a general award was passed hxing the market value at the rate of Rs.4,47,019 /- and after deducting income tax, the remaining amount is stated to have been deposited in the Civil Court in view of the disputes between the petitioners ald other claimants.

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Learned counsel appearing for the petitioners submitted that for the extent in dispute i.e., Ac. 1.39 gts., the petitioners are entitled for Rs.22,86,O0O/- whereas the respondents have deposited Rs.12,77,922/-. Learned counsel further submitted that in terms of the consent award, the respondents have to release the balance amount of Rs.10,08,000/- and the said amount has to be deposited to the credit of L.A.O.p.No.T73 of 2009 where the dispute zrmong tlne inter se claimants is pending under Section 3 1 (2) of ttre Land Acquisition Act, 1894. Learned counsel further submitted that even after acquiring the said land in terms of the G.O.Ms.No. 14 dated 18.12.2006, the

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CVBR,J wp 2lEl5 201l

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respondents have not deposited the^{balanceamount payable to} the petitioners in pursuance of the consent award^{passedby the} respondents on 23.0 1.2O08.

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The respondents have filed counter affidavit^statingas under:

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"It is submitted that^{the subject land an extentof Ac.6.l2gts} in Sy.No.184 of Hameedulla Nagar^{(V) was acquiredfor} formation of ORRP, out of acquired extent^{as there was a} dispute an extent of Ac. l-39 gts between^{pattadar and} possessors and they were not coming forward to compromise and settle the issue the matter was referred to^{ciyil court under} Section 3O & 31 of the L.A. Act and was numbered^{as L.A.O.P.} No.773 of 2OO9 on the file of II Additional District Judge, Rangareddy District, the II Additional District Judge, Rangareddy District has^passed orders on calculations^{and pay} an amount for Ac.O-07 gts out of the total^compensation deposited, to ciaimant no. 1 and to^pay remaining^amountto claimants 2 and 3 together by way^{of joint} cheque^{in the name} of the claimants 2 and 3, for their^Ac. 1.32^{gts. According to} said award writ petitioners filed consent^{applicationfor} payment of compensation to an extent of Ac.1.32^gts as^per G.O.Ms.No.14 dated La.12.2006. As per^{package, the} petitioners are entitled for an arnount of Rs.22,86,0OO/- after deducting the already paid amount of Rs.15,64,087 l-^by Clll Court the wdt petitioners are entitled for remaining^{amount of} (Rs.22,86,000 - t5,64,Oa7 = 7,2t,9t3/-) 7,21,913/- oriy towards as per the package announced^{by the government vide} G.O.Ms.No. 14, dated 18- 12-2006."

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\ \

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In the counter, the respondents have admitted^passing of the consent award and fixing the market^value at^{rate of} Rs.22,86,00O/-. It is further stated that after deducting^the amount already deposited in L.A.o.P.No.773 of 2oo9^{on the hle} of the II Additional District Judge, Rangareddy^{District, the} balance amount payable by the respondents is an^{amount of}

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CVBR.J \ wp 2t835 2013

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Rs.7 ,21,9131 - in terms of the package announced by the Government vide G.O.Ms.No. 14 dated 8.12.2006.

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As the respondents have not raised any dispute for payment of the balance amount to the tune of Rs.7,21,93O/-, the respondents are directed to release the balance amount to the petitioners along with l2%o interest from the date of passing of the consent award duly obtaining the documents, which are necessary to show that the petitioners alone are the successorin-interest of the claimants in L.A.O.P.No.773 of 2OO9 on the file of the II Additional District Judge, Rangareddy District and if the petitioners are entitled for the same in terms of the award in L.A.O.P.No.773 of 2009, dated 3O.06.2011, within eighr (O8) weeks from the date of receipt of a copy of this order.

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With the above observations, the Writ petition is disposed

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of. There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand

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closed.

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SD/-P. CH. NAGABHUSh{AMBA /

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ASSTSTANT REQ|STRAR / //TRUE iopy//

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To, 1 The Princip-al .Secretary, I nf rastructure and I nvestmen, :tJ:::::: Secretariat Buildings, Hyderabad. 2 lffiJ:BrTl Director & special collector, outer Ring Road, Land Acquisition, J The Special Deputv Collector &. Land Acquisition Offrcer. L A Unit_l H U D A , ,f 4 E Two E iiL^q?s ccs to^sfi Gp ie^ft FoR rcr.rD-Acouisiir6"r'rl"i,i'n"'court ft hIfl rilsv:i:rts, "^*., for rhe state of Telangan_a at Hyderabad IOUTI^{--"'"rI rvrr' I rrYrr</sup> 6 Two CD Copies}

BSR BS a-c)

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HIGH COURT

DATED: 1010912024

ORDER

WP.No.21835 of 2013

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DISPOSING OF THE WRIT PETITION,
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WITHOUT COSTS

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K. Prameela, R.R. Dist. and Anr. v. Prl. Secy., Infrastructure and INVESTMENT(IID-2) Dept and 2 Ot

Case brief

What is this about?

What did the court decide?

K. Prameela, R.R. Dist. and Anr. v. Prl. Secy., Infrastructure and INVESTMENT(IID-2) Dept and 2 Ot

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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