High Court for State of TelanganaWP/10974/2017disposed of no costs

Nelli Srilaxmi, v. The State Of Telangana

2017-03-28Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.10974 OF 2017 ORDER:

The Writ Petition is filed challenging the action of the respondents in trying to demolish the petitioner's premises bearing No.2-23 situated at Saidapur, Saidapur Village and Gram Panchayat, Karimnagar District without following due procedure of law under the Right to Fair Compensation and Transparency of Land Acquisition, Resettlement and Rehabilitation Act 20 of 2013 (for shot, "the Act"). It is the case of the petitioner that she is the absolute owner and possessor of the above said property as it has inherited from her mother-in-law viz., G. Kanakavva. While things stood thus, all of a sudden on 24.03.2017, the officials of the respondents 3 and 4 along with the staff of 5th respondent came to the premises and started marking the same an intention to widen the Saidapur to Molamgur road even without issuing any notice as per the provisions of the Act. Learned counsel for the petitioner submits that the respondents-authorities are making hectic efforts to lay the road in the property of the petitioner even without following the due process of law.

Learned Government Pleader for Roads and Buildings submits that the allegations made by the petitioner are false. If really the land of the petitioner is required, the respondents-authorities would follow the due process of law and appropriate steps would be taken in accordance with law.

In the light of the submissions made by the respective counsel and in view of the admitted facts of the case that the petitioner is in possession and enjoyment of her property, her possession shall not

be interfered with by the respondents-authorities without following due process of law as enjoined whether under the Right to Fair Compensation and Transparency of Land Acquisition, Resettlement and Rehabilitation Act 20 of 2013 or in any other law. Accordingly, the Writ Petition is disposed of directing the respondents not to interfere with the possession and enjoyment of the petitioner except following the due process of law. No order as to costs.

As a sequel to disposal of the writ petition, W.P.M.Ps., if any, pending shall stand disposed of as infructuous. _____________________________ CHALLA KODANDA RAM, J Date:28.03.2017.

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