The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 mandates payment of compensation for acquired land, and owners cannot be deprived of their land without compensation.

ORDER :

A. Abhishek Reddy, J.

1. This writ petition is filed seeking a writ of mandamus declaring the action of the respondent Nos. 2 to 4 in not paying the compensation to the petitioner's society in respect of the land bearing MCH Nos. 6.3.888 and 889, situated at Somajiguda, Hyderabad, admeasuring 295.11 Square yards, which was acquired for the purpose of road widening from Rajiv Gandhi Junction to Raj Bhavan, as illegal and arbitrary.

2. It is the case of the petitioner-society that one Mrs. Abidunnissa Begum had gifted the property, admeasuring 1,720 Square yards of land, bearing No. 6.3.888 and 889, situated at Somajiguda, Hyderabad, in its favour vide Gift Deed dated 25.01.1983, and since then it is in uninterrupted possession and enjoyment of the said property. While so, in 2005, the respondent No. 3 has deployed his workers for demolition of boundary wall and other structures of the petitioner's property, without following due process of law. Therefore, the petitioner-society approached this Court by filing WP No. 13205 of 2005 and this Court had disposed of the said writ petition on 21.06.2005 directing the respondents therein not to demolish the structures in question without following the guidelines issued by a Division Bench of this Court in P. Lakshman Rao v. Executive Officer, 2000 (5) ALT 246. It is stated that the respondent No. 3 has issued a letter dated 30.06.2005 informing the petitioner-society that the respondent-Corporation has agreed to pay compensation in respect of the acquired land, and that Award would be passed as soon as possible i.e., not later than one month.

3. It was further agreed that with regard to demolition of the compound wall, the respondent-Corporation would construct a new compound wall and with regard to the structure affected in the road widening, the value of the same would be paid.

4. According to the petitioner-society, in view of the request made by the respondent Nos. 2 and 3, besides the assurance given by the respondent No. 3 that the compensation will be paid not later than one month, the petitioner-society permitted the respondent-Corporation authorities to acquire the subject land, but till date, the petitioner-society is not known whether the respondent No. 4 has passed an Award in respect of the subject premises or not?

5. Furthermore, the petitioner-society has received notices vide Nos. BPS/4998 of Circle-IV, and BPS/7129/08 of Circle-IV, dated 08.06.2010 respectively, in respect of other properties of the society. The petitioner-society has addressed a letter requesting the respondent No. 2 to pay the balance compensation amount in respect of the subject premises, after adjusting the amount demanded under BPS Scheme in respect of the buildings mentioned in the notices dated 08.06.2020. But, so far, no action has been taken thereon.

6. The Assistant City Planner, Circle-17, Khairatabad, GHMC, has filed a counter-affidavit on behalf of the respondent-Corporation stating that they have already submitted acquisition proposals to the respondent No. 4 to initiate land acquisition proceedings for road widening from Raj Bhavan to Rajiv Gandhi Junction in order to prepare subdivision records TSLR obtained from the respondent No. 5, in which the site details shown as Pr. No. 6.3.888 & 889 of Khairatabad is falling in TS No. 21, Block-B, Ward No. 88 and the affected property is under "set back" area, as such, the acquisition proposals were not moved further, and that in order to make payment of compensation, they have filed an application for Land Acquisition proceedings. It is further stated that the petitioner sought to adjust compensation amount towards the application made under BPS, but the same will not be adjusted since BPS applications are made under Charminar Circle which are out of jurisdiction of Circle 17. Furthermore, the compensation in respect of the subject land may be considered under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation