IMPORTANT POINT
The main legal point established in the judgment is the obligation of the respondents to comply with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by initiating land acquisition proceedings and paying compensation to the petitioners within a specified timeframe.

ORDER :

Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition.

2. This writ petition is filed to issue a writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 to 3 in not initiating the land acquisition proceedings as per the undertaking given in Contempt Case no.774 of 2013 and orders in WPMP.No.214 of 2013 in W.P.No.164 of 2013 by not paying compensation to the petitioners for the property admeasuring 1091 sq.yrds bearing premises no: 1-7-870(new) corresponding H.No 1-7-78(old) in Survey no: 1003 situated at Hunter Road, Subedari, Hanamkonda, Warangal which is forcibly taken more than 27 Years back for road widening without initiating proceedings under the Land Acquisition, despite various representations by the petitioners and correspondence from the respondents admitting to pay compensation or allot alternate land as per the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as illegal, arbitrary and unconstitutional, in total violation of the orders in Contempt Case no.774 of 2013 dated 27-01-2015 and WPMP.No.214 of 2013 in W.P.No. 164 of 2013 apart from being contrary to the principles of natural justice and in contravention of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to initiate the land acquisition proceedings and pay the just & adequate compensation to the petitioners as expeditiously as possible or allot the alternate land at Balasamudram beside Telangana State Pollution Control Board in lieu of compensation as agreed by the petitioner.

3. The case of the petitioners, in brief, is as follows:

a) The petitioner herein are the absolute owners and possessors of property admeasuring 2500 sq yards situated in premises No.1-7-870 (new) corresponding to H.No.1-7-87 (old) in Survey No.1003 situated at Hunter Road Subedari, Hanamkonda, Warangal having acquired the same by way of succession.

b) Originally, the petitioners' father late Sri P.Mruthyunjaya Reddy purchased the property admeasuring Ac.3.01 gts. in Survey No: 1003 situated at Hunter Road Subedari, Hanumakonda, Warangal in the name of his father late Sri.P.Ram Reddy by way of a registered sale deed in the year 1961. After purchase of the property Late Shri P.Mruthyunjaya Reddy constructed a house bearing No.1-7- 870 (new) corresponding to H.No.1-7-78(old) in the name of his father late Sri Ram Reddy after duly obtaining permission from the erstwhile Warangal Municipality vide permit No. 532 dated 10/07/1964.

c) After the death of Sri Ram Reddy, his only son Sri P.Mruthyunjaya Reddy and grandsons i.e petitioners became the owners of the property by way of succession. Sri P.Mruthyunjaya Reddy died in the month of December, 1990 leaving his wife & sons i.e petitioners as the legal heirs, who indeed have become the absolute owners of the property.

d) Subsequently, petitioners sold part of the property and retained remaining property admeasuring 2500 sq.yds (approximately) along with the existing house.

e) During the life time of P.Mruthyunjaya Reddy in the year 1987 and 1989 the Kakatiya Urban Development Authority (KUDA) proposed to widen the existing 50 feet road to 100 feet road under the proposed master plan and issued letters to him & the petitioners informed that their property is required for the same and also asked to attend hearing. The notices dated 20-12-1987 & 08-04-1989 At that stage Kakatiya Urban Development Authority (KUDA) dropped the proposal for road widening due to paucity of funds.

f) Subsequently, in the year 1997, the Warangal Municipal Corporation issued a notice dated 30-01-1997 to the petitioners under Sections 405, 406 of the Hyderabad Municipal Corporation Act, 1955 alleging encroachment upon 100 feet road and purporting to demolish the compou