Partly allowed

Nampalli Yakaiah, v. The Land Acquisition Officer and Special Grade

Telangana HC21 Sept 2024WP/5916/2009

Case brief

AI extract

What is this about?

The High Court of Telangana entertained a writ petition challenging the Land Acquisition Officer's refusal to refer a claim for enhanced compensation under Section 18 of the Land Acquisition Act, 1894, to the Civil Court, citing arbitrariness.

What did the court decide?

The writ petition was partly allowed; the respondent was directed to consider the case of Petitioner No. 1 alone for reference under Section 18 of the Act, if not already referred.

Nampalli Yakaiah, Vs The Land Acquisition Officer and… — 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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SATURDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY 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: 591 6 0F 2009

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Between:

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1 Nampalli. Yakaiah, S/o Mallaiah, Hindu, aged about 65 years, R/o. Katriyal Village, Wardha nnapet tVlandal, Wa ra ngal Distrrct.

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Po-nnem Nasaiah, S/o. Kistaiah, Hindu, aged about 65 years, R/o. Katriyal Village, Wardhannapet Mandal, Warangal district.

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Gummadavelli Ramanadha Sharma, S/o. Late Sri Hari, Hindu, aged about S0 years, R/o. Ellandu Village, Wardhannapet lvlandal, Warangal District.

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4 Qummadavelli _Jagan nad hasharma, S/o. Srihari, Hindu, aged about 42 years, R/o. Ellandu Village, Wardhannapet Mandal, Warangal Di;trict.

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Gummadavelli Lakshmi Narasamma, Wo. Late Venkataiah, Hindu, aged lbout^{70 years,R/o.Ellandu Village,WardhannapetMandal,Waran"gal} District.

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Chegelli. Kumaraswamy, S/o. Lakshmaiah, Hindu, aged about 60 years, R/o. Katriyal Village, Wardhannapet Mandal, Warangal District.

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Koppirala Ramulamma, Wo. Venkataiah, Hindu, aged about 60 years, R/o. Ellandu Village, Wardhannapet Mandal, Warangal District.

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B. Gummadavelli Sridhar, S/o. Upendraiah @ Upendra Sastri, aged about 35 years, R/o. Ellandu Village, Wardhannapet^-Mandal, Warangal District.

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...PETITIONERS

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AND

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The Land Acgglp{igl Officer and Special Grade, Deputy Collector,sriram Sagar Project (SRSP) Warangal, Wardngal 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 therewith, the High Court may be pleased to issue a writ order or direction more one in the nature of Writ of Mandamus declaring the inaction of the respondent in referring the claims of the petitioners to the Competent Civil Court under Sec. 1B of the Land Acquisition Act for the Petitioners acquired lands situated in Sy.Nos. 419,415,403, 424,414

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in Katriyal Village, Wardhannapet Mandal, Warangal District for determination of proper market value as illegal. arbitrary and contrary to the Article 14 and 300-A of the Constitution of lndia and direct the respondent to refer the same to the Competent Civil Court.

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l.A. NO: 1 OF 2009(WPMP. NO: 7715 OF 2009)

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Petition under Section 151 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 Respondent to refer the claims of the petitioners to the Competent Civil Court under Sec^1B of the Land Acq. Act for the lands situated in Sy NOs. 419, 415,403,424,414 in Katriyal Village, Wardhannapet Mandal, Warangal District pending disposal of the main Writ Petition.

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Counsel for the Petitioners: SRI ALLADI RAVINDER

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Counsel for the Sole Respondent: AGP FOR LAND ACQUISITION

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The Court made the following: ORDER

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THE HON'BLE SRI^{JUSTICE C.V.BHASKAR REDDY}

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WRIT PETITIO^{N No.5916 of 2OO9}

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ORDER:

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This Writ Petition^{is Illed seeking to declare the inaction of} respondents in referring^{the claims of the petitionersto the} Competent Civil Court^{under Section18 of the LandAcquisition} Act, 1894 (for short, "the^{Act") for the lands acquired in} Sy.Nos.419, 415, 4O3, 424,^{414, situatedat KatriyalVillage,} Wardhannapet Mandal,^{Warangal District, for determination of} proper market value as illegal,^{arbitraryand contraryto Articles} 14 and 300-4 of the^{Constitution of India and consequently} prayed for other appropriate^relief.

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The case of the^{petitioners is that they are the small} farmers owning small extents^{of land inKatriyalVillage,} Wardhannapet Mandal,^{WarangalDistrict and they are eking} out their livetihood^{by cultivatingthe said land. It is the further} case of the^{petitionersthat the said lands were acquired for the} purpose of excavation of K.C.^{Main Canal from K'M' 281'O00 to} 282.OOO in the limits^{of KatriyalVillage, Wardhannapet Mandal'} After conducting enquiry^{and following the procedureas} contemplated under the^{provisionsof the Act, the respondents} have passed an award dated^{16.05.1987determiningthe}

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CVB&J wp 5916_2009

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compensation for the lands acquired in Sy.Nos.419, 415, 403, 424, 414, situated at Katriyal Village, Wardhannapet Mandal, Warangal District. It is the further case of the petitioners that having not been satished with the compensation amount determined by the Land Acquisition Officer, they have submitted a representation seeking enhancement of the compensation under Section 18 of the Act. The grievance ofthe petitioners is that even after receipt of the said representation, the respondents have not considered the same. Hence, the present Writ Petition.

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The respondent has fi1ed counter aflidavit wherein it is stated that after considering the sale particulars for the preceding three years from the date of preliminary notification dated 04.05. 1985, the Land Acquisition Officer fxed the compensation at Rs.i5,O00/- per acre as per the provision of the Act. Accordingly, the award was passed on 16.05.1987 and compensation for the said land was also paid to the concerned land losers, including the petitioners herein. It is also stated that some of the awardees have submitted petitions under Section 18 of the Act after receiving compensation and the said applications have been rejected. Aggrieved by the same, certain awardees have filed W.P.No.16l55 of 2OO4 on the fiie of this t I \

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CVBR,J wP,59 I 5_2009

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Court seeking direction to^{the Land Acquisition Officer to refer} the petitions filed under Section^{18 of the Act to the Civil Court.} This Court uide order dated^{2O.O9 .2004 directed the Land} Acquisition Officer to take steps to^{refer the petitions under} Section 18 of the Act to the^{Civil Court, within a period of one} (01) month. In compliance of the order^{of this Court, the} petitioners therein have submitted fresh^{petitions requesting to} refer the same to the Civil^{Court under Section 18 of the Act'} The same was verilied with the^{oflice records and I 1 petitions} have been referred to the Principal^{Senior Civil Judge, Warangal} for proper adjudication.

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l,earned Assistant Government^{Pleader forLand} Acquisition appearing for the^{respondent submitted that the} case of petitioner No. t herein,^who is^{also petitioner in earlier} Writ Petition, had been referred to the^{Civil Court and the} remaining petitioners have not submitted^{any applicationas per} the time stipulated for seeking^{referenceunder Section 18 of the} Act nor they are petitioners in^{W.P.No. 16155 of 20O4.Except} petitioner No.1, the remaining other^{petitioners are not entitled} for seeking reference of their^{applications for enhancementof} compensation.

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CVB&J wP_5916_2009

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In view of the above submissions, this^{Courtdeems it} appropriate to direct the^{respondents to consider the case of} petitioner No.l alone for reference under^{Section 18 of the Act} for enhancement of the compensation,^{if not already referred.}

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With the above observations, this^{Writ Petition is partly} allowed. 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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That Rule Nisi has made Absolute as above^witness The Hon'ble SRI ALOK ARADHE, The^{Chief Justice on this Saturday,the} Twenty First Day of September,^{Two Thousand and Twenty Four.}

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SD/. N. SRIHARI \ ASSISTAN REGISTRAR I

//TRUE COPY//

SECTION OFFICER

To,

The Land Acquisition Officer and^{SpeciaiGrade,Deputy Collector,Sriram} Sagar Project (SRSP) Warangal, Warangal^District.

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One CC to SRI ALLADI RAVINDER,^Advocate IOPUCI

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Two CCs to GP FOR LAND ACQUISITION,^{High Courtfor the State of} Telangana at Hyderabad [OUT]

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Two CD Copies

BSR

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HIGH COURT

DATED: 2110912024

ORDER

WP.No.5916 of 2009

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PARTLY ALLOWING THE WRIT PETITION, WITHOUT COSTS

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Nampalli Yakaiah, v. The Land Acquisition Officer and Special Grade

Case brief

What is this about?

What did the court decide?

Nampalli Yakaiah, v. The Land Acquisition Officer and Special Grade

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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Case details

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