V. Sanjeeva Reddy v. The State Of Telangana

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM W RI T PETI TI ON No.6 7 7 3 of 2 0 2 0 ORDER:

Petitioner is aggrieved by the notice issued to him by the respondent authorities proposing to utilize his property in Plot Nos.19 and 20 in Survey Nos.222 and 223 of Madeenaguda Village, Serilingampally Mandal, Ranga Reddy District, for laying pipelines. Petitioner asserts that in response to the notice, he submitted a letter on 03.06.2019 to the respondent authorities to acquire his property by paying compensation to him at the rate of Rs.1,25,000/ - per Square Yard. Petitioner asserts that he had expressed willingness to surrender the land subject to payment of compensation by the respondent authorities at the rate at which he has offered to give his land, however, there is no response from the respondent authorities and the respondent authorities are making hectic efforts to lay pipelines in his land. It is also his assertion on affidavit that neither any compensation was determined nor paid to the petitioner.

On the other hand, learned Standing Counsel Sri Sampath Prabhakar submits that due process as mandated under Section 146/ 147 of the Greater Hyderabad Municipal Corporation Act, 1955, or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) would be followed. Learned Standing Counsel would further submit that the respondent authorities will not

take any coercive steps against the petitioner without following due process of law.

In those circumstances, the writ petition is disposed of with the direction to the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioner over the property in question, without following the procedure prescribed under Section 146/ 147 of the Act; or under Act 30 of 2013. No costs. Miscellaneous petitions, if any pending, shall also stand disposed of.

_______________________ CHALLA KODANDA RAM, J 11th May, 2020 KSM

THE HON'BLE SRI JUSTI CE CHALLA KONDANDA RAM W RI T PETI TI ON No.6 7 7 3 of 2 0 2 0 11th May, 2020 KSM