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SUREPALLI NANDA
Banda Shekar Reddy – Appellant
Versus
State Of Telangana – Respondent
ORDER :
Heard Learned Counsel for the petitioner, Government pleader for Land Acquisition appearing for respondents 1 and 2, learned standing counsel for GHMC appearing for respondents 3, 4 and 5, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.6 and learned standing counsel for GHMC appearing for the 7th respondent.
2. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the Respondents more particularly the Respondent Nos. 2, 6 & 7, who have collectively acquired the Petitioner's Land admeasuring 360 Sq. Yards (300.9 Sq.Mts.,) in Plot No. 15 covered in Sy.Nos.24 & 136, situated in Shankernagar Colony, Nagole Village, Uppal Mandal, Medchal Malkajgiri District-TS without issuing the petitioner any Notice and without following due process of Law and by acting above rule of law, besides have not yet initiated any Land Acquisition Proceedings and also not paid any single rupee of Compensation to the Petitioner under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules, 2014, as arbitrary, ex-facie illegal, highhanded, dereliction of duty, b
No person can be deprived of their property save by authority of law, as established in various judgments.
The court emphasized that land acquisition must follow due process, and failure to do so renders the acquisition invalid, protecting the property rights of individuals.
No award under Section 11 of 1894 Act for specific land post Section 6 declaration causes lapse under Section 11A; mandates fresh acquisition under 2013 Act; delay/laches inapplicable, protects Artic....
The deliberate failure to claim compensation for the land, despite being aware of the ownership and the opportunity to object to the acquisition, led to the dismissal of the Writ Petition.
The acquisition proceedings under Award No.12/83 were held not to lapse in terms of Sec. 24(2) of the RFCTLARR Act and they will continue.
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