K Bal Reddy v. Ts

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.796 of 2018 ORDER:

The case of the petitioner is that he is the absolute owner and possessor of the property situated at H.No.6-4107 & 108, Balanagar, Kukatpally, Hyderabad, having purchased the same under a registered sale deed dated 19-12-2002. The grievance of the petitioner is that though he is owner of the property in question, residing for the last 15 years, the respondents are seeking to acquire the land in question for the purpose of road widening, without paying him any compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner states that by order dated 16-10-2017, the petitioner was informed that his claim will be considered as per the new Act, 2013, but again, by order dated 2311-2017 it was informed that the land in question is classified as Government land and the petitioner is entitled only for payment of ex-gratia.

2.

Learned counsel for the petitioner state that the petitioner is a registered owner of the land in question and the land is also mutated in the revenue records and, therefore, the respondents now cannot contend that it is classified as Government land.

3.

On the other hand, learned standing counsel for the respondents submitted that respondent-authorities will consider if relevant the documents are produced by the petitioner in support of his claim for compensation. 4.

In the circumstances, it is open for the petitioner to submit all the relevant documents, as required by the respondent-authorities and on such submission of the documents by the petitioner, the respondents to consider the same pass appropriate orders thereon, in accordance with law. Till appropriate orders are passed, the respondents shall not dispossess the petitioner from the land in question.

5. Subject to the above directions, the writ petition is disposed of. Miscellaneous petitions, if any pending shall also stand closed. No order as to costs.

____________________________ A.RAJASHEKER REDDY, J Dated: 05-01-2018 NRG

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.796 of 2018 //WEB// 05-01-2018 NRG