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J. SREENIVAS RAO
Dilip Kumar Tiwari, S/o. Late Sri Parasuram Tiwari – Appellant
Versus
State of Telangana – Respondent
ORDER :
This writ petition is filed for the following relief:
2. Heard Sri T.S. Praveen Kumar, learned counsel for the petitioners, and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents.
3. Learned counsel for the petitioners submits that Khammam Municipality has made layout of plots in Sy.No.123 and sold the said plots in public auction to various persons on payment of costs. In the said auction, Gokul Chand Mishra, Nomula Viswanadham, Rayapudi Ramulu, Kadavendi Chakrapani and Poonam Chand have purchased plot Nos.1 to 5 respectively to an extent of each 833.33 sq. yards and Arvapally Venkateswara Rao has purchase
The court affirmed that the failure to allot equivalent land or provide compensation for lost property violates Article 300-A of the Constitution.
The right to property under Article 300A mandates just compensation for land utilized by authorities, overriding regulations allowing nominal payment, ensuring constitutional protections are upheld.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
When there are two competing claims, one rooted in public interest and another relates to the protection of the rights of the individual, the cause of the public interest must be considered as overwh....
Point of law: Court sitting under Article 226 of the Constitution of India in a writ petition cannot go into technical aspects with regard to the alignment of the canal, more particularly, in the abs....
A writ petition cannot adjudicate serious disputed questions of fact which must be resolved in a competent civil court.
Point of law: only alternative left to the authorities is the payment of compensation to the petitioners herein for the subject lands in accordance with the provisions of the Land Acquisition Act.
The right to compensation for land taken by the state is upheld, emphasizing adherence to legal procedures and principles of natural justice.
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