B.Alekya v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WA.No.176 of 2020 JUDGMENT: (per the Hon'ble Sri Justice M.S.Ramachandra Rao) 1.

Heard counsel for the appellants and Sri Pasham Krishna Reddy, Counsel appearing for respondents 4 to 7. 2.

This appeal is directed against the order dt.04.03.2020 in I.A.No.s 1 & 2 of 2020 in WA.No.4989 of 2020 refusing to suspend the Award dt.10.10.2018 and also other consequential proceedings including Notice under Section 38(1) dt.06.02.2020 insofar as the petitioners are concerned in respect of the subject property.

3.

The property in which the petitioners are residing is an apartment complex which has been notified for acquisition under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(Act 30 of 2013) for construction of a flyover from Golnaka Shalem Church to Mukaram Hotel(Irani Hotel), VI No.Cross Roads, Amberpet Junction situated at Amberpet village and Mandal, Hyderabad.

4.

Admittedly, neither the Notification issued under Section 11 of the Act dt.22.07.2017 nor the Declaration issued under Section 19 of the said Act on 16.09.2018 published in the District Gazette on 18.01.2019 have been challenged by the petitioners.

5.

Therefore, the acquisition of the property pursuant to the said notification and declaration was rightly held by the learned Single Judge to be complete.

6.

So, we are not inclined to interfere with the order passed by the learned Single Judge dt.04.03.2020 in I.A.No.s 1 & 2 of 2020 in WA.No.4989 of 2020.

7.

Accordingly, this Writ Appeal is dismissed. However, in view of the lockdown in the City on account of the Corona Virus, at request of the counsel for the appellants, time for vacating the subject premises and handing over the possession to the respondents is extended up to 30.04.2020. No order as to costs. 8.

Consequently, Miscellaneous Petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J ________________________ T.AMARNATH GOUD, J 23rd March, 2020.

Note: Issue CC today.

B/o gra