Disposed

Mekapotula Murali, v. The State of Telangana

Telangana HC23 Aug 2024WP/5063/2015

Case brief

AI extract

What is this about?

Landowner denied possession and conveyance deed for a plot allotted in lieu of land taken for the Outer Ring Road despite a Lok Adalat Award. Court directed him to submit a representation with proof; respondents to execute conveyance/allotment deed within four weeks. Disposed without costs.

What did the court decide?

Petitioner to submit representation with proofs; respondents to execute conveyance/allotment deed per Lok Adalat Award within four weeks.

Mekapotula Murali, Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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

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FRIDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V, BHASKAR REDDY

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WRIT PETITION NO: 5063 OF 2015

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Between:

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Mekapotula Murali, S/o: M. Subbaiah, Aged about 40^years, Ocr: Labour, R/o H.No.7-2-311221, S V. Colony, Bairamalguda, Ranga Reddy District, Hyderabad-S00 079.

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...PETITIONER

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AND

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1 . The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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Hyderabad Metropolitan Development Authority, Rep. by its Metropolitan Commissioner, Block A, District Commercial Complex, Tarnaka, Hyderabad - 500 007,

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The Special Deputy Collector ( LA), Unit No.2, llnd O.R.R , HMDA Complex, Tarnaka, Hyderabad - 500 00 7

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...RESPONDENTS

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Petition under Article 226 of tlrc Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an appropriate writ, order or direction, preferably a Writ in the nature of Mandamus declaring the action of the 2nd and 3'd respondents^{in not} giving possession of plot to the petitioner as per the Letter of Provisional Allotment of Plot dated 2.8.2OO7, as illegal, arbitrary and violative of the^principles of Natural Justice and consequently direct the 2nd and 3'd Respondents to allot^plot to the petitioner with enhanced area as per the latest Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with agreed norms.

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Counsel for the Petitioner: SRI JOGINIPALLY SAI KRISHNA Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE Counsel for the Respondent No.3: SRI GOKULA RAMA RAO The Court made the following: ORDER

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THE HON'BLE SRI J(,STICE C. V. BHASKAR REDDY

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WRIT PETITION No.5O63 of 2O15

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to declare the action of respondent Nos.2 and 3 in not giving possession of plot to him as per the Letter of Provisional Allotment of plot dated O2.O8.2O07, as illegal, arbitrary and violative of principles of natural justice and consequently, prayed to direct respondent Nos.2 and 3 to allot plot to him with enhanced area as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with agreed norms and for other appropriate reliefs.

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The petitioner claims to be the owner and possessor of plot admeasuring 2OO square yards in Sy.Nos.22 and 23 of Bonguloor Village, Ibrahimpatnam Mandal, Ranga Reddy District. It is the case of the petitioner that the said iand was acquired by the respondents for the purpose of formation of an Outer Ring Road and in lieu of compensation, the respondents have issued a letter of provisional allotment of

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plot in the HUDA Developed Residential layout on 02.0g.2007 in terms of the Lok Ada]at Award in pLS No.1O57 of 2OO7 dated 02.08.2OO7. It is further stated that even after issuance of said allotment letter, the respondents neither given possession of the plot nor executed any conveyance deed to enable the petitioner to enjoy the rights over the said property. The grievance of the petitioner is that the respondents failed to allot alternative land in terms of the Lok Adalat Award.

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Ms.D.Madhavi, learned Standing Counsel for Hyderabad Metropolitan Development Authority, has submitted that the Outer Ring Road (ORR) Authorities have identifred the alternative land bearing Sy.No.SO7 of Koheda village for allotment of plots to the ORR a-ffected families and ttre petitioner was issued provisional allotment letter. It is further submitted that there was delay in executing the conveyance deed in favour of the petitioner as the initial land identified for a-llotment is not suitable for constructing the residential plots. karned counsel further submits that the respondents are considering the cases of the persons, in whose favour the allotments made tentatively in the year, 2OOZ and. if sufficient

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time is granted the^{respondents will execute the conveyance} deed/allotment deed in^{favour of the petitioner' Learned} counsel further submits^{that if the petitionerapproaches the} respondents along with the^{originalallotment letterand other} relevant documents^{in proof of earlierallotment in his favour,} the respondents^{will considerhis case within a periodof one} month from the date of^{approaching the respondents.}

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tn view of the above^{submissions,this Court deemsit} appropriate to dispose^{of this writ petition, directingthe} petitioner to submit a representation^{to the respondentsby} enclosing all the^{necessaryproofs of earlier allotment, to} enable the respondents^{to executeconveyance deed/allotment} deed in favour of the^{petitioner in terms of the Lok Adalat} award in PLS No.lO53^{of 2O07, datedO2.Oa.2OO7within a} period of four (04) weeks from^{the date of receipt of the} representation.

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With the above^{observations, this Writ Petition is} disposed of. There^{shall be no order as to costs'}

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r)1

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As a sequel thereto, miscellaneous petitions, if any,

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pending shall stand closed.

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SD/.V.KAVITHA ASSISTAN REGIST //TRUE COPYII

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To, sEdTtON OFFTCER l The Principal secretary, Revenue Department, secretariat, The State of Telangana, Hyderabad.

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1. The Metropolitbn Commissioner, Hyderabad lvletropolitan Development Authority, Block A, D istrict Commercia t Comprex, Tfi ; k;, sviii"i"dr'i'l'sOO o07,

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