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2023 Supreme(Telangana) 274

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MUMMINENI SUDHEER KUMAR, J.
M/s Balaji Spinners – Petitioner
Versus
The State of Telangana and Others – Respondents
Writ Petition No. 21252 of 2022
Decided On : 10-02-2023

Advocates:
Advocate Appeared:
For the Petitioner: Gouraram Rajashekar Reddy.
For the Respondent: Parsa Ananth Nageswar Rao.

Headnote:

Constitution of India,1950 - Articles 14, 21 & 300-A - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 11(1), 15 , 10A(b) , 4(1) and 64 r/w 77 - Respondent No. 3 issued a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 acquire an extent of land - Held, Dispute with regard to entitlement for drawing compensation in respect possession of which is already taken over situated Village to Authority under Section 64 read with 77 - Petitioner is at liberty to put forth its claim for payment of compensation or on the quantum of compensation - Writ petition is disposed.

ORDER :

1. This Writ Petition is originally filed with the relief as under:

    “....to issue an Order or Direction or Writ more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing preliminary notification, under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), as amended by the State of Telangana vide Act No. 21/2017, vide Collector File No. G1/521/2018 & Gazette No. 09/2021, dated 30.01.2021, for acquisition of land an extent of Acres 102.13½ Guntas situated at Mutrajpally village of Gajwel Mandal, Siddipet District, as illegal, arbitrary, unconstitutional, being violative of Articles 14, 21 & 300-A of the Constitution of India, contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently set aside the same in respect of all the actions taken pursuant to the said preliminary notification, including the dispossession of the petitioner from its lands in Survey Nos. 326 & 331, an extent of Acres 42.00 Guntas, situated at Mutrajpally Village, Gajwel Mandal, Siddipet District, as null and void and nonest in the eye of law, by holding that lands of the petitioner in Sy. Nos. 326 & 331, are the Patta lands and not the Government/Assigned lands as shown in the Dharani Portal.”

2. It is the case of the petitioner that the petitioner is the absolute owner and possessor of agricultural land admeasuring Acs.78.20 gts., situated in Sy.Nos.326 and 331, i.e., an extent of Acs.60.20 gts., in Sy.No. 326 and Acs.18.00 gts., in Sy.No. 331 of Mutrajpally Village, Gajwel Mandal, Siddipet District, having purchased the same under registered Sale Deed vide document Nos.1722, 1723, 1724, 1725, 1726, 1728, 1729 and 1739 of 2014, dated 08.01.2014, 09.01.2014, 09.04.2014, 10.01.2014, 10.01.2014, 17.01.2014, 17.01.2014, and 24.01.2014 respectively, and respondent No. 3 issued a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’), vide proceedings No. G1/521/2018, dated 30.01.2021, proposing to acquire an extent of land Acs.46.29 gts., out of the total extent of land admeasuring Acs.78.20 gts., owned by the petitioner.

3. It is the further case of the petitioner that out of the said Acs.46.29 gts., sought to be acquired from out of the land claimed by the petitioner, an extent of Acs.42.00 gts., of land is notified in the name of third parties at Sl.Nos.1 to 23 of the said preliminary notification, though the said persons have no right and title over the subject land and the petitioner herein is the absolute owner of the said extent of the land. The petitioner also claims to have raised objections against the preliminary notification by submitting his objections. From a perusal of the relief sought originally in the Writ Petition, the petitioner is already stated to have been dispossessed from the land admeasuring Acs.42.00 gts., situated in Sy.Nos.326 and 331 of Mutrajpally Village (hereinafter referred to as ‘the subject land’).

4. A learned Single Judge of this Court by an order, dated 28.04.2022 passed interim order to dispose of the representation/objections submitted by the petitioner under Section 15 of the Act, 2013, and also directed for disposal of the representation, dated 30.03.2021, said to have been submitted by the petitioner and to pass a speaking order. Considering the said representations submitted by the petitioner, in terms of the interim order passed by this Court referred to above, respondent Nos.2 and 3 have passed orders on the said representations by issuing proceedings No. G1/521/2018, dated 03.07.2022 and endorsement bearing letter No. F/1994/2017, dated 28.05.2022.

5. Respondent No. 3 herein filed counter affidavit stating that prior to issuance of preliminary no

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