Vankayala Saidaiah S/O Gurvaiah, v. The State Of Telangana

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.12009 OF 2016 O R D E R :

The case of the petitioners is that they are the owners of the land admeasuring Ac. 0.18 guntas in Sy.No.723, Ac. 0.18 guntas in Sy.No.798, Ac. 0.18 guntas in Sy.No.798 and Ac. 0.10 guntas in Sy.No.655 respectively situated in Damercherla Village and Mandal, Nalgonda District. The petitioners' land was acquired along with others by a common notification dated 23.03.2010 under Section 4(1) of the Land Acquisition Act, 1984 (for short 'the Act'). Thereupon, the matter was referred to the Civil Court for enhancement of compensation and the reference Court through its judgment dated 27.04.2015 in O.P.No.47 of 2013 enhanced the compensation. Thereafter, the petitioners made an application on 08.07.2015 under Section 28-A of the Act before the 3rd respondent by enclosing a copy of the award with a prayer to redetermine the compensation.

Since no orders are passed on the application made by the petitioners, the present writ petition is filed. Heard the learned counsel for the petitioners. Learned Government Pleader for Land Acquisition submits that the application made by the petitioners is not within the stipulated time and it is for the 3rd respondent to consider the application of the petitioners as per the provisions of Section 28-A of the Act. Since the application made by the petitioners on 08.07.2015 under Section 28-A of the Act is pending before the 3rd respondent, the 3rd respondent is directed to dispose of the same within a period of two (2) months from the date of receipt of copy of this order and take appropriate action thereon in accordance with law for payment of compensation. With the above direction, the writ petition is disposed of.

There shall be no order as to costs. As a sequel, miscellaneous petitions, pending, if any shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 03.06.2016 dv