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High Court for State of TelanganaWP/23973/2016closed no costs

Beebi, v. The District Collector ( Land Acquisition),

2019-02-26Challa Kodanda Ram2 pages

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.23973 of 2016 ORDER:

This writ petition is filed raising dispute with respect to the entitlement to compensation in respect of the land acquired for the purpose of Ryalampadu Balancing Reservoir under Jawahar Lift Irrigation Project scheme. The implead petitioners also claim right over the property asserting that the property belongs to the brother of the writ petitioner. In essence, there are rival claims which are required to be adjudicated by the land acquisition officer. As per the instructions, as on date, no Award has been passed.

Inasmuch as Section 21(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'Act 30 of 2013'), mandates the Land Acquisition Officer to adjudicate the disputes/objections made with respect to entitlement, by conducting enquiry, and as both the parties have stated no objection for their respective claims being considered by the Land Acquisition Officer, I deem it appropriate to direct the Land Acquisition Officer to complete the enquiry and pass appropriate Award in terms of the provisions of Act 30 of 2013. It is needless to mention that both the petitioner as well as the private respondents shall be issued notices and afforded adequate opportunity to put forward their respective claims along with supporting material.

The writ petition is accordingly closed. No costs. Miscellaneous petitions, if any pending, shall also stand closed. ______________________________ JUSTI CE CHALLA KODANDA RAM 26th February, 2019 KSM

wp_23973_2016 CKR, J THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.23973 of 2016 26th February, 2019 KSM