Rangu Bhikshapathi v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14044 OF 2019 Date:01.08.2019 Between:

Rangu Bhikshapathi, S/o. Venkataiah, Aged about 57 years, Agriculture, R/o. Nawabpet Village, Lingalaghanpur Mandal, Jangaon District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, (Land Acquisition Department), Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14044 OF 2019 ORDER:

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

2.

Land acquisition notification was issued, which was published in Telugu Daily Newspapers on 08.10.2016 to acquire various extents of land for proposed construction of J. Chokkarao Godavari Lift Irrigation Project of L1 Distributory of Main Canal of Nawabpet Reservoir from Kms. 0.000 to Kms. 4.300 for digging of canal.

3.

From the averments in the affidavit filed in support of the Writ Petition, the prayers sought and the contentions urged by learned counsel for the petitioners, it is apparent that the petitioners are claiming payment of compensation on square yard basis. However, according to learned Government Pleader for Land Acquisition, the matter is at the stage of conducting award enquiry and negotiations are going on and some of the land owners agreed for payment of compensation and the same was distributed, whereas the petitioners are insisting for payment of compensation on square yard basis, whereas the subject land being an agricultural land compensation should be paid on per acre basis. 4.

As fairly submitted by both the learned counsel, the matter is at the stage of passing award enquiry and award is yet to be passed, it is open to the petitioners to raise all objections including the objection of their entitlement of higher compensation.

5.

Since award enquiry is not finalized and award is not passed, the Court is not inclined to express any opinion on the merits of the case. If the petitioners are not agreeing for resolution by way of settlement, it is open to the Land Acquisition Officer to proceed further in accordance with law. However, it is needless to observe that unless and until the entire process is completed, the petitioners cannot be dispossessed from the subject lands. 6.

The Writ Petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed.

_____________________ P. NAVEEN RAO, J Date:01.08.2019 KH