K. Vittal Reddy, v. The State Of Telangana,

[ 31661 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Originat Jurisdiction) TUESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO:36872 OF 2024 Between:

F*#l'sr.&%'|i,,iJ::5s:"^,:AH,t&",f, j#),1fi ::"f f(tl,li",iiffs,"p,,l._ Malkajsiri (District), Tetana(1ani fStitei-' soi +tj i.'"""' ...PETITIONER AND

1. The State ofTelangana, Rep A0mtntstration and Urban De resented by_its Principal Secretary, Municipal velopment Department, Secretarili, Saifa[iad, Hyderabad-500022.

lqg-"^r:!,1!y:tropotitan Development Authority, Represented by its Merropotrran Uommissioner, Nanakramguda, Hyderabad_500 00'8. The Projecl-Director / Managing Director, Outer Ring Road project, Ity!e^g^OaO Metropolitan DeietdpmentAutnority, f.fi"naiiramgud'a, Hyderabad_ 500 008.

The Special.Deputy Collector (1.A.), Unitv, Outer Ring Road project, 4.

!ty!e^rg^UaO Metropbtitan Deveiopment Authbiity,-Na;;iramguda. tiycierabad_ 500 008.

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High 'cJurt mry -u.

pleased to issue pass an order or orders more particurarly in t6e nature o *iit or Mandamus thereby decraring the action of Respondent ttt. + in not pas;in; ;ny award in respect of two house sites admeasuring 329 Sq. yards in sirrv.v fios+ and 605 sq. yards in survey No. 43 of Kandrakoi (Viflage), Medchar (nianJarl, Medchal-Malkajgiri (District) which was acquired oy nesponients for formaiion ot outer Ring Road on 22.o4.2oogand not foilowing ihe oiders of the Hon,ble High poqrf an!_sylsequenfly coercing the petitioner tJforego the date ;ipo;....ion:or land i.e. 22.04.2009 and also to not press the sare deed vide Document No. i7846 of 2021 dated 09.12.2021 as entifled under section 26 and 97 of the Right to Fair compensation and rransparency in Land Acquisition, Rehabirita"tion and Resettlement Act, 2013, as ifiegal, arbitrary, against the principles of Natural Justice and in violation of Article 14, 19,21 and 3004 of the lndian constitution J

and subsequently direct the Respondents to pass an Award considering the interest payments from the date of possession i.e. 22.04.2oog and to considJr the sale Deed vide Document No. 17846 of 202'r dated 09.12.202t as pei iightto Fair compensation and rransparency in Land Acquisition, Rehabilitatio; and Resettlement Act. 2013 lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, tne Higrr court may be pleased to direct the Respondents, herein neither to coerce the petitioner to foiego interest from the date of Possession of land i.e. 22.o4.2oog and nor to not press the sale Deed vide Document No. '17846 of 2021 dated 09. 12.

2021 as per section 26 ana s7 or tne Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resettlement Act, 201 3, and to pass an award pending disposal of the main writ petition Counsel for the Petitioner: SRI L. RAV| CHANDER REp., FOR SRt. MAYUR MUNDRA Counsel forthe Respondent No.1: Gp FOR MCPL ADMN URBAN DEV Counsel for the Respondent Nos.2 to 4: Smt. D.

THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.3 6872 of 2024 ORDER:

Heard Sri L.Ravi Chander, learned Senior Counsel appearing through Hybrid Mode representing Sri Mayur Mundra, learned counsel for the petitioner, learned Government pleader for MA & UD appearing for respondent No.1, and Smt.D.Madhavi, learned Standing Counsel, appearing for respondent Nos.2 to 4 and with the consent of the learned counsel appearing for the parties, the Writ petition is taken up for hearing and disposal at the admission stage.

2.

Shorn of unnecessary details, the case of the petitioner, in brief, is I that the land acquisition awards passed by the respondents-authorities on earlier occasions dt.26.tt.2022 and 25.0I.2023 having been set aside by this Court on 09.12.2022 and 29.08.2023, the authorities have initiated proceedings afresh and enquiry hearing was. held on L4.03.2024 and 22.07.2024.

i 3.

Petitioner further contends that pursuant to the respondentsauthorities conducting enquiry hearing on the aforementioned dates, the petitioner has filed written submissions on the same day of the hearing taking all the available pleas open to him in law and in spite of more than five months having been passed by, no award has been passed till date by consid;hng the written submissions filed by him, despite specific direction

of this Court in a Writ Petition, rziy'e W.P.No.10551 of 2023 dt'29'08'2023' to pass an award afresh within a period of one month from the date of receiptofacopyoftheorder,whichaction,itiscontendedishighlyillegal and arbitrary and contrary to the direction of this Coutt' 4.

Per contra, learned Standing Counsel appearing on behalf of respondentNos.2to4SubmitsthatthepresentWritPetitionaSfiledis premature, since the respondents-authorities pursuant to the direction of thiscourtinW.P.No.1055lof2023haveinitiatedproceedingsafreshand have conducted award enquiry and hearing on t4'03'2024 and 22.07.2024, and the authorities would pass award by considering the objections raised by the petitioner at the time of personal hearing as well as in the written submissions filed.

I I have taken note of the respective contentions urged 6.

This Court, while disposing of the Writ Petition, rideW'P'No'10551 of 2023, had directed the respondents-authorities to pass an award within a period of one month from the date of receipt of a copy of the order' However, the reason for the authorities not passing the award afresh as I directed by this Court, as by stating that is on account of the General Elections to the state Assembly as well as the Parliament and also change in the officials.

7.

However, without golng into the above aspect oF not passing the award within the time period as directed by this Court, slnce, it is stated that the authorities are seized of the matter having issued award enquiry notices to the petitioner and also having held hearing on 14.03.2024 and 22.07.2024, duly attended by the petitioner, this Court is of the view that the respondents-a uthorities are to be directed to pass an award on or before 31.01.2025, considering the fact that the petitioner's land was acquired for the purpose of forrnation of Outer Ring Road, which acquisition was upheld by the Hon'ble Supreme Court in M/s. Jayabheri Propefties Pvt. Ltd. & Orc v/s. State Of Andhra Pradesh A Orl and Hyderabad Urban Development Authority (HUDA) v/s, S.B.Kirtoskar 2 in the larger public interest and the petitioner being dispossessed from the aforesaid land pursuant to acquisition undeftaken. B.

Subject to above direction, the Writ Petition is disposed of. No order as to costs 9.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

t ?p/o[) 9e 51o ,-/.$,'{") - 2Dt3-1-62'= (>ot-o)/fse?4 s D/_P.PAD M ANA:RE!,EiRlx \ )- I/TRUE COPY// SECTION OFFICER | ,", ,ffi |,ffi gff f 'S"""?:i:?gi,g:I}5f"Xt'fi X)5$:5|"'133!rY*""Deveropment , n?ryr",[:R3.1,3[,.*ufi ::i$f:;,[#:{sSltyetro po r itan D evero pm e nt .

;p*frr ^?533i"J,1*,3395S,?_E.i?ti3:l,T,llxs"n?:*,;t?5lfrvo","o"o. /c y I I

4. The Special Deputy Collector (L.A.), Unit-V, Outer Ring Road Project, Hyderabad Metropolitan Development Authority, Nanakramguda, Hyderabad500 008.

5. One CC to SRl. MAYUR MUNDRA Advocate [OPUC] \

6. One CC to Smt. D. MADHAVI SC FOR HMDA Advocate [OPUC]

7. Two CCs to GP FOR MCPL ADMN URBAN DEV ,High Cou( forthe State of Telangana. [OUTj

8. Two CD Copies KKS BSK \

\.

HIGH COURT DATED:31 11212024 II 1 e STAI c'

)oo O i JAil ?OM o .t'

ORDER

,, * OHSr't, iil\ -n;''

;/ WP.No.36872 of 2024 DISPOSING OF THE WRIT PETITTON WITHOUT COSTS \\ l ?n