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High Court for State of TelanganaWP/13750/2017disposed of no costs

Goriparthi Venkata Ramanaiah, v. Union Of India, Ministry Of Road Transport And Highway,

2017-04-25A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.13750 OF 2017 ORDER:

This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: "to issue a Writ, order or direction one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the Compensation to the land and structure (Commercial Complex) of Petitioners in pursuance of Land Acquisition Notification dated 29-052015 issued by 1st Respondent as per the Provisions and Schedules of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and in deducting TDS which is illegal, irregular, arbitrary, discrimination, unconstitutional, against to the procedure contemplated under the National Highways Act, 1956, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also in valuation of Articles 14, 19, 21 and 300-A of Constitution of India consequently direct the Respondents to pay total compensation without deducting TDS as per the provisions and First Schedule (Market Value X Multiplying Factor 2.

00) of The Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including other benefits like R.R.Scheme (i.e., Second Schedule Sl.Nos. 6 & 10) etc., by directing them to pay compensation forthwith."

2.

Heard the learned counsel appearing for the petitioners and learned Government Pleader for Land Acquisition appearing for the respondents.

3.

It is submitted by learned counsel for the petitioners that no Award has been passed so far in respect of the subject properties. It is further submitted that for redressal of grievance of the

petitioners, the petitioners herein submitted representations on 27.02.2017 and 27.03.2017 respectively, to District Collector-4th respondent herein, but no action has been taken on the said representations so far.

4.

Since the representations said to have been submitted by the petitioners are pending consideration before the respondent authorities, this Court deems it appropriate to direct the respondents herein to take appropriate action on the said representations and pass appropriate orders thereon, in accordance with law.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. __________________ A.V.SESHA SAI, J APRIL 25, 2017 YVL

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.13750 OF 2017 Date: 25.04.2017 YVL