Abdul Rauf v. The Principal Secretary
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) TUESDAY ,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A,RAJASHEKER REDDY WRIT PETITION NO: 10955 OF 2020 Between:
Abdul Rauf, S/o. Late. Abdul Samad, Aged 65 years, Occ. Daily Wages Agriculture, Dargah Mohalla, Sirpur - T Village and post, Mandal - Sirpur T, Komaram Bheem Asifabad Adilabad district, Telangana state - 504259. ...PETITIONER AND
1. The Principal Secretary, Revenue (L.A) Department, Telangana State.
2. The District Collector, Komaram Bheem Asifabad, Adilabad district- 504293
3. The Joint Collector, Komaram Bheem Asifabad, Adilabad district 504293
4. The Special Deputy Collector, Dr.B.R.Ambedkar Pranahita Project Unit-l , Asifabad Adilabad district-504293
5. The Tahsildar, Koutala Mandal, Komaram Bheem Asifabad, Adilabad District - 504299.
,..RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not considering the petitioners representations made in person and written for grant of proper compensation for the subject Iand i.e. situated at Sy.No. 6lA, 131a, 15,2114, Extent of aboul 17-73 Acres/cents in Tumidiheti village of Koutala mandal, Komaram Bheem Asifabad, Adilabad district, acquired under the Notice.No. G1164112017, dated. 2-5-2017 of the 2nd respondent under the L.A.
Act, as illegal , atbitrary against the principles of natural justice and in violation of Articles 14,21 and 300 - A of the Constitution of lndia and consequently direct the respondents granting proper compensation on par with market value for the subject land i.e situated at Sy.No. 6lA, 131a, 15,21lA , Extent of about 17-73 Acres/cents in Tumidiheti village of Koutala mandal, Komaram Bheern Asifabad, acquired under the Notice.No. G1164112017, dated. 2-5,-2017 of the rd respondent under L.A. Act , in the interest of justice.
subject land i.e. situated at Sy.No.6/4, 131a, 15, 21lA, extent of 17-73 Acres/Cents of the Tumidiheti village of Koutala lVandal, Komaram Bheem Asifabad Adilabad district, acquired under the Notice.No. G1164112017, Dated. 2-5-2017, of the 2nd respondent under the L.A. Act in the interest of justice. Counsel for the Petitioner : SRI MD. VIKHARUDDIN AHMED Counsel for the Respondents: SRI ANDAPALLI SANJEEV KUMAR, SPECIAL. GP FOR ADDITIONAL ADVOCATE GENERAL The Court made the following: ORDER
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 1O955 OF 2O2O ORDER:
This Writ Petition is filed seeking writ of mandamus declaring the action of the respondents in not considering the petitioner's representation for grant of proper compensation on par with market value for the subject land to an extent of Acs. 17.73 in Sy.No.6/A, 13/a, 15, 2I lA situated at Tumidiheti Village of Koutala Mandal, Komaram Bheem, Asifabad, Adilabad District (subject land) acquired under notice No.Gl/6a112017, dated 02.O5.2017 of the 2nd respondent as illegal and arbitrary.
It is the case of the petitioner that he is the owner and possessor of the subject land; that the respondent Nos.l,3 & 4 acquired the subject land under Section 11 of the Land Acquisition Act, 1894 vide Notice No.G1l641/2017, dated 02.05.2017, without granting proper compensation on par with the market value and that even though the petitioner personally made representation ventilating his grievance before the competent authority, the authorities failed to grant proper compensation for the subject land acquired by them under the Land Acquisition Act. Hence, present writ petition is filed. Heard learned counsel for the petitioner, who submits that the petitioner has given consent for passing of the consent Award and that though the funds are available with the Land Acquisition Officer, the compensation is not being paid to the petitioner on par with the market value.
Sri Andapalli Sanjeev Kumar, learned Special Government Pleader appearing on behalf of learned Additional Advocate General, submits that though the petitioner consented for passing of consent
Award, but due to lack of funds, Award could not be passed and compensation could not be paid.
In this case, it is to be seen that the respondents have issued notification under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act') and petitioner gave consent to the same. The respondents, after acquiring the land of the petitioner, could have passed consent award under Section 30A of Act and paid compensation within a period of eight weeks, but the respondents, are unnecessarilv dragging on payment of compensation. .The respondents, having issuing notification under Section 1 I (1) of the Act, now cannot contend that they have no funds and compensation will not be paid. Learned counsel for the petitioner submits that the petitioner has to give consent because petitioner has a daughter and her marriage is yet to be performed.
In view of above facts and circumstances, the 4th respondent is directed pass consent Award and pay the compensation to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.
With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this Writ Petition, shall stand disposed of.
SD/.CH.VENKATESWA LU ASSISTANT REG RAR //TRUE COPY// SECTIO OFFICER To,
1. The Principal Secretary, Revenue (L'A) Department' Telangana State'
2. The District Collector, Komaram Bheem Asifabad' Adilabad district- 504293
3. The Joint Collector, Komaram Bheem Asifabad' Adilabad district 504293 4 The Soecial Deputv Collector, Dr'B R Ambedkar Pranahita Project Unit-l ' ' lsiiabadAdilabaddistrict-504293
5. The Tahsildar, Koutala Mandal, Komaram Bheem Asifabad' Adilabad District - 504299.
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6. One CC to Sri Md. Vikharuddin Ahmed, Advocate IOPUCI
7. Two CCs to The Advocate General, High Court for the State of Telangana at Hyderabad. [OUT] B. Two CD Copies
HIGH COURT DATED:04/08/2020 TA R o ot) 2 6 AUC 2020 z -4
ORDER
* r) TC WP.No.10955 of 2020 DISPOSING OF THE WP WITHOUT COSTS \