K. Jyothi Sri v. State Of Telangana

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.33332 OF 2015 ORDER:

Heard.

The petitioner had earlier approached this Court in W.P.No.36267 of 2013 alleging that her land admeasuring 636 sq. yards bearing Plot No.8-2-293/82/226/A is likely to be affected under the acquisition proceedings for the purpose of the Hyderabad Metro Rail Limited, the 2nd respondent. The said Writ Petition was heard and disposed of by this Court by order dated 12.12.2013, after recording the instructions of learned Government Pleader that as on the date of hearing of the said Writ Petition, the petitioner's property was neither acquired nor demolished and it was stated that if and when her property is going to be affected, she would be given appropriate notice.

Later, the petitioner submits that while acquiring the adjacent land, her land to an extent of 81.15 sq. yards is also affected and on the allegation that the said land is taken over without following due procedure of law, she filed C.C.No.1319 of 2014 before this Court. It is, however, accepted at the bar that the said Contempt Case was dismissed by this Court. Subsequently, the 2nd respondent sent a requisition, dated 23.05.2014, to the Special Grade Deputy Collector & Land Acquisition Officer, the 3rd respondent, proposing to acquire the affected portion, which includes the petitioner's land of 81.15 sq. yards. The said requisition is pending and no further action is taken thereon.

In view of the same, the petitioner submits that though her property is affected and no further proceedings are initiated by respondents 2 and 3, she has filed the present Writ Petition seeking compensation.

Learned Standing Counsel for Metro Rail submits that on the requisition, as referred to above, appropriate action is already under issue and necessary steps would be taken as the 2nd respondent is stated to be in need of the subject land of the petitioner and appropriate steps would be taken in accordance with law expeditiously. Recording the said submission, the Writ Petition is disposed of directing respondents 2 and 3 to take appropriate further steps as expeditiously as possible, so that the petitioner's land if required to be taken over by the 2nd respondent is appropriately acquired by paying compensation to her in accordance with law. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 06.11.2015 KH