Syed Irfan Ali v. The State Of Telangana And 3 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 19155 of 2019 ORDER:

It is the case of petitioner that he is the owner and possessor of lands admeasuring Ac.1.30 1⁄4 guntas and Ac.1.12 guntas in Survey Nos.983/LU & 986/LU respectively, situated at Gajwel Village and Mandal, Medak District; that the said lands came to be acquired through notification dated 27.03.2018 issued under Section 11(1) of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act'), and that though he filed objections on 30.04.2019, the same was not considered. Hence, he filed this Writ Petition.

Learned Government Pleader for Land Acquisition places before this Court Award dated 28.06.2019 and submits that the claim of the petitioner was not discussed in the Award. In view of the above and as the petitioner has effective alternative remedy of filing an application before the Authority notified under Section 64 of the Act, this Writ Petition is disposed of by giving liberty to the petitioner to approach the competent authority within a period of four (4) weeks from the date of receipt of a copy of this order. As and when the petitioner

CKR, J W.P.No.19155 of 2019 files an application, the competent authority shall consider the same including rival claims, if any, and pass appropriate orders for payment of compensation.

In normal circumstances, when an acquisition is made, it is the duty of the Land Acquisition Officer to award compensation therefor. However, the same has not been done in the present case. In the circumstances, the Land Acquisition Officer shall deposit the compensation amount pertaining to the land of the petitioner before the Authority constituted under Section 64 of the Act within a period of four (4) weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 9th SEPTEMBER, 2019.

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