In the High Court of Judicature at Hyderabad
P. NAVEEN RAO, J.
Anitha Tholia – Appellant
Versus
State of Telangana, Department of Revenue, Rep by its Principal Secretary, Secretariat & Another – Respondent
W.P. Nos. 23476, 28713 & 29482 of 2014
Decided on: 20-02-2015
Land Acquisition Act, 1894 - Section 4(1) - Land Acquisition Rehabilitation and Resettlement Act, 2013” - Claim of compensation - Petitioners challenge determination of compensation on properties owned by them and pray to grant directions to determine compensation in accordance with provisions - Right to Fair Compensation and Transparency - State set in motion acquisition of private properties in accordance with provisions - On a requisition made by Greater Hyderabad Municipal Corporation - On consideration of objections filed by petitioners orders were passed by District Collector in proceedings rejecting said objections - Thereafter draft declaration was approved by the District Collector and same was published in Hyderabad District Gazette - Award was made on Award dealt with extent of properties acquired and compensation payable - Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act – Held, It is further contended that during pendency of writ petition it is widely reported in print media and press note was issued on behalf of State Government expressing stand of State Government for change of alignment in area of the city - State Government proposed to change alignment to go behind State Assembly building as against in front of building - If alignment is changed in said manner there is no requirement to acquire properties of - Petitioners and therefore until issue is finalized question of taking possession of petitioners properties would not arise said contention of petitioners is stoutly opposed by standing counsel representing Metro Rail Project contending that irrespective of change of alignment properties in issue are required for widening road for better traffic management and, therefore even if alignment is changed acquisition is not going to be affected - Except for press note released on behalf of State Government on proposal to change alignment no concrete decision is placed before this Court of actual change of alignment - Different stakeholders are involved - Unless consensus is arrived by all stakeholders and a final decision is taken altering alignment Court cannot express any opinion - It is premature for Court to go into that issue merely based on press release of intention of State Government to change alignment - Until an order is issued or a specific agreement is signed by stakeholders it is always permissible for State to review its proposal – Petition dismissed (Para 47)
1. In these three writ petitions, petitioners have properties located in Nampally, Hyderabad, which are acquired by the State. Petitioners challenge determination of compensation on the properties owned by them and pray to grant directions to determine the compensation in accordance with provisions of “The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013” (ACT 30 OF 2013). The three writ petitions are disposed of by this order.
2. The facts in issue are in narrow compass. State set in motion the acquisition of private properties in accordance with provisions of Land Acquisition Act, 1894 (Repealed Act) on a requisition made by the Greater Hyderabad Municipal Corporation(GHMC). Section 4(1) notification dated 8.4.2013 was issued listing 20 private properties located in Nampally village and mandal of Hyderabad district including the properties of petitioners herein. Notices under Section 5-A of the Repealed Act were issued on 8.4.2013. Petitioners filed their objections opposing the acquisition. On consideration of the objections filed by the petitioners, orders were passed by the District Collector in proceedings No.C/260/2013 dated 9.7.2013 rejecting the said objections. Thereafter draft declaration was approved by the District Collector on 19.7.2013 and same was published in Hyderabad District Gazettee. The award was made on 23.12.2013. Award dealt with extent of properties acquired and compensation payable. ‘The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (ACT 30 OF 2013)’ has come into force with effect from 1.1.2014. Act 30 of 2013 repealed Act, 1894. Under Section 12(2) of repealed Act notification was issued on 26.7.2014 directing the petitioners to receive compensation determined and also to vacate the premises. Aggrieved thereby these three writ petitions are instituted.
3. Heard Sri P.V.A. Padmanabham learned counsel appearing for petitioners in W.P. No. 28713 of 2014, Sri Vedula Srinivas, learned counsel appearing for petitioner in W P No. 29482 of 2014, Sri Mayur Reddy, learned counsel appearing for petitioners in W.P. No. 23476 of 2014, learned Government Pleader for Land Acquisition (Telangana) and Sri Vivek Reddy, learned standing counsel appearing for Hyderabad Metro Rail Authority.
4. Sri P.V.A. Padmanabham, learned counsel appearing for petitioners contended that entire land acquisition proceedings are vitiated on account of the promulgation of new Act which has come into force from 1.1.2014, whereas the proceedings were initiated under the Old Act. He further contended that no award was passed by the time new Act has come into force. The respondents were illegally claiming that an award was passed before 1.1.2014 by anti-dating the award. If the respondents have passed award on 23.12.2013, as claimed by them, the award ought to have been communicated immediately, whereas, till July, 2014 no intimation of passing of an award was given and copy of the award is not communicated till date.
5. He further contended that even assuming that an award was passed before 1.1.2014, as contended by the respondent authorities, as copy of the award was not communicated by 1.1.2014, in law it cannot be said that an award was passed before 1.1.2014, and therefore compensation has to be determined in accordance with mandate of Act 30 of 2013, whereas in the instant case compensation was determined as per the provisions of Repealed Act. He further contended that unless copy of the award is served, award is not said to have been made. Process of making of an award is complete only if notice under Section 12(2) of the Repealed Act along with copy of the award is served. The act of making of an award is an administrative act; it is in the nature of an offer made on behalf of the State and unless the offer is communicated and acceptance is given by the property owners, award cannot be said to have been made. Non-co
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