Singam Kanakaiah, v. The State Of Telangana

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 27432 of 2017 Order:

This Writ Petition is filed for the following relief. "To issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents herein in coercing to forcibly give up the lands of the petitioners under the guise of consent agreements as per Sections 23-A(1) and 30-A(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as inserted by Telangana Amendment Act (Act 21 of 2017) read with the Telangana State Land Acquisition (Consent Award, Voluntary Acquisition and Lump sum payment towards Rehabilitation and Resettlement) Rules, 2017 in spite of the fact that the Notification dated 17.10.2016, vide Collector file No.H/26/2016 and Special Deputy Collector No.B/593/2016 dated 17.10.

2016, issued under Section 11(1) has been stayed by this Hon'ble High Court vide interim order dated 22.11.2016 made in W.P (PIL) No.168 of 2016, as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India and the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the Rules made by the Telangana Government thereunder and consequently direct the respondents not to undertake any coercive steps/measures and to acquire the lands by following all the necessary provisions of compulsory land acquisition as prescribed under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."

Learned Advocate-General appearing for the respondents submitted that no coercive steps will be taken to dispossess the petitioners without following due process of law. Recording the said statement, this Writ Petition is closed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 17.08.2017 Nsr