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C. V. BHASKAR REDDY
Gitta Ravinder Reddy – Appellant
Versus
Competent Authority Land Acquisition – Respondent
ORDER :
(C.V. Bhaskar Reddy, J.) :
This Writ Petition is filed by the petitioners seeking to declare the action of respondents in not paying compensation awarded vide Award Proceedings No.B/1690/2008 dated 28.08.2010 by the respondent No.1 in respect of their land admeasuring Ac.3-00 gts in Sy.No.778 situated at Bhongir Village and Mandal, acquired for the purpose of formation of National Highway No.202 from KM 30 to 54 (Hyderabad-Yadagirigutta), Nalgonda District as illegal, arbitrary and contrary to provisions of Land Acquisition Act and other consequential reliefs.
2. It is the case of the petitioners that they along with one Pinnapureddy Mohan Reddy are the owners, pattedars and possessors of the land admeasuring Ac.3-00 gts in Sy.No.778 situated at Bhongir Village and Mandal, Nalgonda District, having purchased the same under registered sale deed dated 07.07.1997. It is their further case that their names were also mutated in the revenue records vide Proceedings No.J/1921/1997 dated 25.06.1997 and pattedar passbooks and title deeds were issued vide Patta No.1235 dated 09.12.1997. It is also their case that in the revenue records, the nature of the lands has been classified as “P
Disputes regarding property rights must be resolved in civil courts, not through writ petitions, as they involve questions of title and possession.
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 procedure for rectification of errors in revenue records is prescribed under Section 5(3) of the Andhra Pradesh (Rights in Land) and Pattadar Pass Book Act, 1971, and Rule 19(1) of the Andhra Pra....
The court upheld the validity of compensation awarded based on title documents and revenue records, emphasizing the petitioners' failure to participate in prior proceedings undermined their claims.
The competent authority under the National Highways Act lacks jurisdiction to resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
The court affirmed the constitutional right to property under Article 300A, emphasizing the necessity for just compensation when property is acquired without due process.
A writ petition involving a dispute regarding right, title, and interest over immovable property is not maintainable except in cases where the claim of the applicant is admitted by the respondent.
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