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High Court for State of TelanganaWP/15028/2016disposed of no costs

K.Madhava Reddy S/O. Late Kondal Reddy v. State Of Telangana

2016-04-28Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.15028 of 2016 ORDER :

The grievance of the petitioner is that his possession and enjoyment of the agricultural land over an extent of one acre, situated in Sy.No.253/2 of Pedda Adisarlapally village & Mandal of Nalgonda District, is sought to be interfered under the "Mission Kakatiya Project" without issuing any notice, without acquiring the land and without payment of any compensation to the petitioner. Learned counsel for the petitioner places reliance on the order dated 08.02.2016 passed by this Court in W.P.M.P.No.4780 of 2016 in W.P.No.3741 of 2016. Prima facie material placed before this Court discloses that the petitioner is the owner of the property and he is in possession and enjoyment of the agricultural land over an extent of 1 acre, situated in Sy.No.253/2 of Pedda Adisarlapally village & Mandal of Nalgonda District.

Admittedly, there are no land acquisition proceedings initiated as required under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to acquire the land of the petitioner. In that view of the matter, the interference of the respondents with the peaceful possession and enjoyment of the petitioner in any manner could be violative of the mandate of the Act and offending the rights of the petitioner under Article 300-A of the Constitution of India.

that the property of the petitioner cannot be acquired for public purposes.

Therefore, in the interest of justice, I deem it appropriate to direct the respondents not to undertake any works in Sy.No.253/2 of Pedda Adisarlapally village & Mandal of Nalgonda District, without putting the petitioner on notice and without acquiring his land by paying due compensation to him.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall also stand closed.

___________________________ CHALLA KODANDA RAM, J 28th April 2016 ajr