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High Court for State of TelanganaWP/39699/2017disposed of no costs

N.Nagaiah Goud, v. The State Of Telangana, Municipal Administration And

2017-12-07A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.39699 of 2017 ORDER:

The case of the petitioners is that the respondentauthorities are trying to acquire property bearing H.No.6-2-103, totally admeasuring 1008 square yards in Sy.Nos 111, 112, 117/1, 117/2 situated at Shobana Colony, Balanagar Village and Mandal, Ranga Reddy District (presently Medchal District) for the purpose of road widening, wherein the Taddy Tappers shop is being run, to which the petitioners are the members and against which the petitioners have right, claim and interest and they are loosing their avocation by virtue of such acquisition. The respondent-authorities are trying to obtain consent from the unofficial respondents without issuing any notice to the petitioners inspite of submitting objections by way of letter dated 28-10-2017. Aggrieved by the same, the present writ petition is filed.

Heard learned counsel for the petitioners, who submits that though the petitioners and unofficial respondents are not owners of subject land but by virtue of acquisition, they are loosing their avocation and the petitioners are also entitled for benefits under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act") and they are entitled to put on notice and their objections have to be considered in accordance with provisions of the Act.

On the other hand, Sri Sampath Prabhakar Reddy, learned Standing Counsel for the respondents 2 to 5 submits that the respondent-authorities will consider the claims of the petitioners, provided they come up with sufficient evidence in support of their claims.

In view of the same, the respondent-authorities are directed to consider the objections of the petitioners dated 28-10-2017 in accordance with law and take action. With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 07-12-2017 Nvl