THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.326 of 2017

ORDER

This writ petition is filed seeking following prayer:

“...questioning the action of the Respondents in dispossessing the Petitioner herein from the lands admeasuring to an extent of Ac.0-17 gts., in Sy.No.329 respectively situated at Gudur Village, Bibinagar Mandal, Nalgonda District under the guise of the Road Widening of National Highway No.202 leading from Hyderabad to Warangal without paying any compensation as contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 hereinafter referred to as the Act, 2013 as arbitrary, illegal, unfair, unjust and violative of Articles 14 and 300A of the Constitution of India and consequently direct the Respondents to pay the fair compensation as contemplated under the mandatory provisions of the Act, 2013...”

2. The brief facts of the case are that originally late Smt.P.Chaya Devi purchased land admeasuring to an extent of Ac.1-00 gts., in Sy.No.329 for a valuable consideration from its owner under a registered sale deed vide Doc.No.2688 of 1995 dated 24.05.1995. Under the same document the wife of the petitioner has purchased the land in Sy.Nos.330, 332 and 333 and executed a will deed vide Doc.No.149/III/2014 dated 30.09.2014 registered before the Sub-Registrar, Azampura bequeathing all her immovable properties including the above said properties in favour of the petitioner. Thereafter, petitioner’s wife expired on 13.10.2014. While so, in the year 2011, the national highway No.202 leading from Hyderabad to Warangal was widened and the land acquisition proceedings were initiated. It is submitted that petitioner’s land in Sy.No.329 to an extent of Ac.0-17 gts., got affected under the road widening.

3. Thereafter, land acquisition proceedings were culminated and award was passed and proceedings were issued for payment of the compensation in the form of cheques. As far as the petitioner’s wife is concerned, her name is mentioned at Sl.No.1 in respect of 363 sq.mts., in Sy.No.274 and her statement was also recorded in respect of the land to an extent of Ac.0-13 gts., in Sy.No.330 at Gudur Village, Bibinagar Mandal, Nalgonda District. However, the land admeasuring Ac.0-17 gts., in Sy.No.329 was not made part of the acquisition proceedings and no award is passed. Questioning the same, the present writ petition is filed.

4. The main grievance of the petitioner is that the respondent authorities, without following due procedure of law and without paying compensation, are acquiring the land of the petitioner and accordingly pray this Court to pass appropriate orders directing the respondent authorities to follow due process of law.

5. Learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4 as well as learned standing counsel for respondent No.5 would submit that the respondent authorities would follow due process of law and consider the case of the petitioner and appropriate directions may be issued to that effect.

6. Recording the submissions of learned counsel on either side, this writ petition is disposed of with a direction to respondent authorities to follow due process of law and verify the eligibility of petitioner for payment of compensation and if the petitioner is otherwise eligible, the respondent authorities shall pay the compensation within a period of three (3) months from the date of receipt of a copy of this order.

7. With the consent of learned counsel on either side, this writ petition is disposed of.

As a sequel, miscellaneous applications, if any pending, shall stand closed.

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N.V.SHRAVAN KUMAR, J

21.04.2025

MRM