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2023 Supreme(Telangana) 91

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MUMMINENI SUDHEER KUMAR, J.
Puchala Jangaiah S/o Chennaiah and others – Appellants
Versus
State of Telangana and others – Respondents
Writ Petition No.15556 of 2019
Decided on : 16-06-2023

Advocates:
Advocate Appeared:
For the Appellant : Sri A.Giridhar Rao, learned Senior Counsel appearing for Sri Aare Venkateshwara Rao, learned counsel.
For the Respondents: Sri Harender Pershad, Sri L.Prabhakar Reddy

Headnote:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Acquisition of land - Payment of compensation - Proceedings is impugned in this Writ Petition by petitioners on ground that respondent No.4 played fraud on them and paid only an Ex-Gratia amount though petitioners are entitled for payment of compensation on acquisition of land - Held, Impugned order issued in Proceedings, by respondent No.4 insofar as fixing Ex-Gratia payable to petitioners at rate per acre is set aside and respondent Nos.1 to 4 are directed to compute compensation payable to petitioners strictly, in accordance with provisions of Act, 30 of 2013 by applying law laid down by this Court in case of LAO-Cum-Revenue Divisional Officer (1 supra) and pay compensation payable to petitioners proportionate to land acquired from them after duly adjusting amounts already paid - Said exercise shall be completed by respondents within a period of four months from date of receipt of a copy of this order - Before passing any orders, respondent No.4 shall give notice to petitioners to enable them to produce material regarding market value of land in question and then pass orders, as directed above, by due process of law - Writ Petition allowed.

ORDER :

Heard Sri A.Giridhar Rao, learned Senior Counsel appearing for Sri Aare Venkateswara Rao, learned counsel for the petitioners, Sri Harender Pershad, learned Special Government Pleader appearing on behalf of learned Advocate General for respondent Nos.1 to 6 and Sri L Prabhakar Reddy, learned Standing Counsel appearing for respondent No.7

2. The facts of the case are that the petitioners herein are the assignees/legal representatives of the assignees of various extents of land situated in Kothur and Thimmaipally Villages of Kandukuru Mandal, Ranga Reddy District. Out of the land owned by all the petitioners herein, the land to an extent of Ac.1.38½ gts., situated in Sy.Nos.105 and 9 of Thimmaipally Village, was acquired by respondent Nos.1 to 4 for the purpose of widening the road for the benefit of respondent No.7 through the impugned proceedings No.D/957/2017, dated 29.12.2017. The said proceedings, dated 29.12.2017, is impugned in this Writ Petition by the petitioners on the ground that respondent No.4 played fraud on them and paid only an Ex-Gratia amount at the rate of Rs.8,00,000/- per acre though the petitioners are entitled for payment of compensation on acquisition of their land in terms of the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 (for short ‘the Act, 30 of 2013’) and also for all other benefits that were provided under the said enactment. The petitioners also claimed compensation on par with the other lands situated in very same village, as was granted to the other assignees through proceedings No.D/957/2017, dated 27.07.2018, wherein the compensation was paid at the rate of Rs.42,00,000/- per acre. It is also the case of the petitioners that their signatures were obtained on blank forms without mentioning the quantum of compensation/Ex-Gratia payable to them and they have only consented for acquisition of the land but not for payment of compensation at the rate of Rs.8,00,000/- per acre. Thus, the petitioners have seriously disputed about the consent that is said to have been given by the petitioners for payment of compensation at the rate of Rs.8,00,00/- per acre. The petitioners are paid Ex-Gratia amount proportionate to the land acquired from each of the petitioners at the rate of Rs.8,00,000/- per acre and after receipt of the said amount and after having come to know about the higher compensation that was paid in respect of other lands at the rate of Rs.42,00,000/- per acre, the petitioners approached this Court by filing the present Writ Petition.

3. The impugned order refers to the negotiations that had taken place between the petitioners and the respondent officials on 24.09.2016, 13.02.2017 and 14.02.2017. Pursuant to the said negotiations, the respondents claimed to have issued a notification dated 23.03.2017 and 07.05.2017 published in the newspapers calling for objections and no objections stated to have been received by the respondents and accordingly, they have proceeded to pay the Ex-Gratia amount at the rate of Rs.8,00,000/- per acre.

4. Sri A.Giridhar Rao, learned Senior Counsel placed strong reliance on the judgment of the larger Bench of this Court in the case of LAO-Cum-Revenue Divisional Officer, Chevella Division, Domalaguda, Hyderabad and others v. Mekala Pandu, AIR 2004 AP 250 and also a judgment of the learned Single Judge of this Court in Writ Petition No.14734 of 2018 and contended that in the light of the law laid down by this Court, the respondents are under obligation to pay compensation to the petitioners in terms of the provisions contained in the Act, 30 of 2013 and the respondents cannot take advantage of the illiteracy and ignorance of the petitioners and pay them meager amounts as Ex-Gratia thereby depriving the petitioners for payment of compensation in terms of the law laid down by this Court. He also contended that even if forms concerned, if any, signed by the petitioners

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