THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.35210 of 2024

ORDER

This writ petition has been filed to declare the action of the respondents, more particularly that of the respondent Nos.3 and 4 in seeking taking over the land and dispossessing the petitioners from the subject land without following due process of Law or without invoking either the Land Acquisition Act or right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. Learned counsel for the petitioner submits that all the petitioners belongs to the same family and subject matter of the writ petition is pertaining to land in survey Nos.154/5, 154/26/1 to 154/26/7 admeasuring Ac.0.625 guntas each totally Ac.1.10 guntas, situated at Chintapalli Village & Mandal, Nalgonda District. Petitioners submits that originally land was owned and possessed by the grandfather of the petitioners by name Ramaiah. After the demise of the said Ramaiah, the said land was transferred in the name of his four daughters equally, the mother of the petitioners was also got land Ac.1.10 guntas as her share. The mother of the petitioners died in the year 2004 and thereafter by an oral partition, the subject land was shared by the petitioner in equal proportion i.e., Ac.0.625 guntas each. The said oral partition has been acted upon in as much as e-patta passbooks were also issued in the name of the petitioners and the names of petitioners have been uploaded in the Dharani Portal. It is further submitted that except the income from the subject land, the petitioners have no other source of income. It is further submitted that in a neighboring village, the lands of the villagers which were taken over under Rehabilitation scheme have been submerged for the development of Cherlgudam Tank and under the Rehabilitation Scheme.

3. It is submitted that on 08.12.2024, when petitioners went to their respective land which is in a compact block, the subordinates of the respondent Nos.3 and 5 prevented the petitioners from entering into the subject land and informed that the land is proposed to be acquired. Thereafter, the petitioners approached the respondent No.3 on 10.12.2024 and were informed that the advance possession will be taken and thereafter notice will be given. The petitioners main grievance is that the respondent Nos.3 and 4 are seeking to take over the land by dispossessing the petitioners from the subject land without following due process of law or without invoking either the Land Acquisition Act or Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Questioning the same the present writ petition is filed.

4. It is submitted that in the notification dated 07.10.2022 vide Form –VII issued under Section 19(1) of Land Acquisition Rehabilitation Act and Right To Reasonable Compensation Act, 2013 published in the Nalgonda District Gazettee, it was informed that there is a proposal for acquiring land in survey No.154 to an extent of Ac.28.22 guntas. However, the names of the petitioners were not been reflected in the said notification and since their lands are situated in survey No.154, they are effected parties. Petitioners contended that by non inclusion of their names in the notification, the respondents cannot initiate any action on the subject lands without following due process of law.

5. Respondent No.3 filed a counter and would submit no remarks to the extent of petitioners land in survey No.154 to an extent of Ac.1.10 guntas. It is submitted that on receipt of the requisition proposals for acquisition of the lands from the Executive Engineer, SRVR DLIP Division No.11, Marriguda, Nalgonda District, vide Lr.No.EE/Irr/DIV.11/MGM/DB/DEE(T)/AEE (T) 2020- 21/165M, dated 05.10.2021 in survey No.154 to an extent of Ac.28.22 guntas situated in the village limits of Chinthapally Village and Mandal of Nalgonda District for providing R&R Center for Narsireddygudem village of Marrigu