M And M Infracon Projects (India) Pvt. Ltd., v. The State Of Telangana Rep. By Its Principal Secretary To

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.41324 OF 2016 ORDER:

Heard Mr.Krishna Murthy for petitioners and the Assistant Government Pleader (Land Acquisition) for respondents. The petitioner prays for the following relief: "....this Hon'ble Court may be pleased to issue appropriate writ or direction or order more particularly in the nature of WRIT OF MANDAMUS by declaring the action of the respondents in forming 150 feet wide road through the petitioner's layout by disturbing more than 60 residential plots in Sy.No.129 of Yadagiripally Village, Yadagirigutta, Yadadri District, Telangana State without giving any notice and without invoking the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013" as illegal, arbitrary and violation of Article 300-A of the Constitution of India and consequently direct the respondents not to interfere and not to do any work in petitioner's lay out land in Sy.No.129 of Yadagiripally Village, Yadagirigutta. Yadadri District, Telangana State and pass .... ....."

The Assistant Government Pleader places on record the written instructions dated 03.12.2016. The relevant portion reads thus:

"Further it is submitted that after publication of the above notification, the requisitioning authority has submitted a revised requisition pertaining to laying of the same road due to change of alignment. After receipt of the said revised requisition, the Dist., Collector, Yadadri forwarded the requisition to this office to initiate the land acquisition process vide Proc.No.G1/258/2016 dt.25.11.2016, while constituting the team with the Revenue Divisional Officer, Bhongir, Assistant Director (Agriculture) Yadagirigutta, Executive Engineer (R & B),

Bhongir, and Representative of the requisition department (YTDA) and instructed the team to conduct field level preliminary verification of the requisition and called for joint inspection report as required under the Act. The same report is under process."

From the above, it is clear that the respondents are at the stage of undertaking field level preliminary verification of land required for development.

The writ petition is disposed of by directing the respondents not to dispossess the petitioners or change the physical features of petition land, except in accordance with law. There shall be no order as to costs.

Consequently, pending miscellaneous petitions, if any, also stand disposed of.

____________ S.V.BHATT, J 20th December 2016 Lrkm