Petitioners are entitled to compensation for unacquired land due to severance, as it became inaccessible post-acquisition, in accordance with Sections 23(3) and (4) of the Land Acquisition Act.

JUDGMENT :

K.Sarath, J.

This writ petition is filed seeking to declare the action of the respondents in not providing approach road to the land of the petitioners to an extent of Ac:0-9 gts, Ac.0-04½ gts and Ac.0.04½ gts respectively in Sy.No.349 situated at Pedda Amberpet Village, Hayathnagar Mandal, Ranga Reddy District as arbitrary and illegal and alternatively direct the respondents to acquire the said land and pay the compensation.

2. Heard Ms. A. Satya Sri, learned counsel for the petitioners, Smt. D. Madhavi, learned Standing Counsel for the respondents-HMDA for the respondents.

3. Learned Counsel for the petitioners submits that the petitioners are absolute owners and possessors of different extents of lands in Sy.No.349 situated at Pedda Amberpet Junction and Village, Hayathnagar Mandal, Ranga Reddy District. Pursuant to the notification issued in the year, 2005, the lands of the petitioners were acquired for construction of Outer Ring Road and as per the compensation package laid down in G.O.Ms.No.14 Infrastructure and Investment (IID-2) Department dated 18.12.2006, consent awards were passed in Lok Adalath awarding compensation of Rs.22,72,000/- per acre and compensation was paid to them by way of cheques.

4. Learned Counsel for the petitioners further submits that while acquiring the lands of the petitioners, the respondents had left over small portion of lands from acquisition and total left over land is Ac.0.18 gts belongs to the petitioners. At the time of construction of ORR, big mud heaps were laid in the left over acquisition lands of the petitioners. As the left over land was not identifiable with the boundaries due to mud heaps, the petitioners gave a representation dated 23.04.2012 to the respondent No.2 to remove the mud heap and demarcate the left over land from acquisition and thereafter, the land was surveyed and demarcated and put up the boundaries, but there is no approach road to the said land. The respondents laid fencing all along the acquired land to the outer ring road and in view of that, there is no way to enter into the lands of the petitioners. The land acquired for ORR project is situated on northern and eastern side of the left over land and there is a river stream on southern side of the left over land of the petitioners and on western side, there are patta lands of private persons and there is no approach road to their lands and there is no scope to get approach road except from the land acquired for ORR project to the land of the petitioners. She submits that the petitioners are not in a position to enter into their lands to make use of the said land as there is no approach road, due to which it is fell vacant, thereby they sustained huge loss.

5. Learned Counsel for the petitioners further submits that as per Sub-clause (3) of Section 23 of the LAND ACQUISITION ACT , 1894, the case of the petitioners has to be considered for determining the compensation as the damage is caused to them for not using the left over land from acquisition and as such, a direction can be given to the respondents to acquire the left lover land of the petitioners to an extent of Ac.0.9 gts, Ac.0.04 ½ gts and Ac.0.04½ gts respectively, in Sy.No.349 situated at Pedda Amberpet Village, Hayathnagar Mandal, Ranga Reddy District and to direct the respondents to pay compensation to them and requested to allow the writ petition.

6. Learned Standing Counsel for the respondent-HMDA based on the counter averments submits that consent awards were passed through Lok Adalat and compensation was paid to the petitioners for an extent of Ac.2.22 gts in Sy.No.349. She further submits that in para Nos.6 and 7 of G.O.Ms.No.470 Municipal Administr