Puskuri Venkateshwar Rao v. The State Of Telangana, Rep. By Its Principal Secretary,
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.683 of 2016 ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition.
The petitioner is aggrieved by the action of the respondents in keeping acquisition proceedings pending without passing any award and without paying compensation to him. The petitioner states that Notification under Section 4(1) was issued on 04-01-2014 and the declaration under Section 6 was issued on 06-01-2014.
The petitioner also states that his land admeasuring Ac.3-20 gts., in Sy.No.683 situated at Bommareddypalli, Dharmaram Mandal, Karimnagar District was already acquired and utilized for Godavari Lift Irrigation and Dr.B.R.Ambedkar Pranahitha Chavella, Sujala Sravanthi Project. However, no compensation has been paid so far. Hence, after filing representations, including the last representation, dated 07-122015, the present writ petition is filed. Learned Government Pleader for Land Acquisition, on instructions, states that the land as claimed by the petitioner was notified under the Land Acquisition Act. But in view of the Central Act 30/13, the acquisition proceedings will have to be completed by passing an award under the New Act. It is stated that fixation of market value is under preparation and after completion thereof, the compensation would be paid as per the New Act. Learned Government Pleader, therefore, seeks five months time to complete the acquisition proceedings, pass the award and pay the compensation.
Since the land is already acquired under the Land Acquisition Act almost five years back, there is no justification in keeping the award proceedings pending. Hence, the request for five months time in any case is not justified.
The writ petition is, therefore, disposed of directing respondents 3 and 4 to complete the acquisition proceedings, including passing of the award
and payment of compensation, within three months from the date of receipt of a copy of this order. No costs.
Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
_______________________ VILAS V.AFZULPURKAR, J 28.01.2016 Prv
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.683 of 2016 28-01-2016 Prv