P. B. Mangathayar v. State Of Telangana, Rep. By Chief Secretary,
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No. 8609 OF 2016 ORDER :
This Court passed interim order dated 11.04.2016, which is as under:
"W.P.No.8609 of 2016 Pending further orders, each of the petitioners shall apply to the 3rd respondent for the benefits of rehabilitation and resettlement under Chapter 5 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within one week from today; on receipt of such application, the 3rd respondent will consider the case of each petitioner individually depending on the material placed by each of the petitioners before him in accordance with 2nd schedule to the said Act; and pass an order thereon within one week thereafter. Till 30.04.2016, the petitioners shall not be dispossessed from the properties in their occupation.
Post the matter on 27.04.2016 in Motion List." In pursuant to the interim order referred to above, the petitioners made applications for passing of Rehabilitation Award, but no orders are passed.
Heard learned counsel for the petitioners and Sri Vivek Reddy, learned counsel on behalf of the learned Advocate General for the respondents.
It is stated by the learned counsel for the petitioners that as per the orders passed by the Hon'ble Division Bench in connected matters, the respondent authorities are depositing the TDS amounts before the Registrar (Judicial) of this Court.
It is stated on behalf of the learned Advocate General that they will consider the applications of the petitioners and necessary Rehabilitation Award will be passed under the provisions of the Act and till then, they are not going to dispossess the petitioners from the subject property. In view of the same, the respondents are directed not to dispossess the petitioners, till the passing of Rehabilitation Award, in pursuant to the applications filed by the petitioners and also for a period
of ten days thereafter. The respondents are further directed to communicate the Rehabilitation Award to the petitioners. However, it is open for the petitioners to seek enhancement of compensation as per the provisions Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _______________________ A.RAJASHEKER REDDY, J 08.06.2016.
kvs HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
W.P. No.8609 OF 2016 Date: 08-06-2016 kvs