THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.19147 OF 2022

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… issue an appropriate Writ order or direction one in the nature of Writ of Mandamus and after calling for the records declare the action of the Respondents herein in acquiring the petitioner NO.1 & 2 Land 80 Square yards and 150 square yards in survey No's; 96, 97, 98 of Gokul Nagar colony, Mallapur, Uppal Mandal, Medchal- Malkajgiri District. For the purpose laying the road, From NFC Bridge to FCI Godown without following the due process of law being illegal, Arbitrary and violative of Articles 14, 21 of Constitution of India and consequently direct the Respondents either compensate the Petitioners as per the law in Right to Fair compensation and transparency in Land Acquisition Act or return the subject land the Petitioner free from encumbrance and pass such other order may deem fit and proper in the circumstances of the case in the interest of justice.

It is therefore prayed that pending disposal of the writ petition this Hon'ble Court may be pleased to direct the Respondent No.3 to consider the representation dated:22-07-2021 and 31-01-2022 seeking compensation as per Acquisition Act 2013 or return of the land Admeasuring 80 square yards to the Petitioner No.1, 150 square yards to Petitioner No.2 in Sy.No.96,97,98 situated at Gokulnagar colony, Mallapur Village and Uppal Mandal, Medchal-Malkajgiri District immediately and pass such other order or orders …”

2. Heard Mr.G. Ravi Kumar, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Ms.T.Kanya Kumari, learned counsel representing Mr.Pasham Srinivas Rao, learned standing counsel for GHMC appearing for respondent Nos.6 and

9.

3. The brief facts of the case are that that 80 sq. yrds of land pertaining to Petitioner No.1 and 150 sq. yrds of land pertaining to Petitioner No.2 in survey Nos.96, 97 and 98 of Gokul Nagar Colony, Mallapur, Uppal Mandal, Medchal-Malkajgiri District worth Rs.6,000/- per sq. yrd. as per the market value was acquired by official respondents; that petitioner No.1 had submitted a representation dated 22.07.2021 to respondent No.2 for awarding compensation in respect of 80 sq. yrds in survey Nos.96, 97 and 98 of Gokul Nagar Colony, Mallapur, Uppal Mandal, Medchal-Malkajgiri District; that respondent No.2 vide proceedings dated 07.08.2021 issued instructions to take necessary action as per the Rules; that petitioner No.1 made another representation dated 07.09.2021 to respondent No.3. But in vain. Aggrieved by the same, the petitioners filed the present Writ Petition.

4. Learned counsel for the petitioners submits that the petitioners are put to suffer great monetory loss and hardship in view of acquisition of their lands. Therefore, he seeks a direction to official respondents to consider the case of the petitioners and pass appropriate orders.

5. Learned Assistant Government Pleader submits that the representations of the petitioners would be considered in due course of time.

6. Learned counsel for respondent Nos.6 and 9, by filing counter affidavit draws the attention of this Court to para No.4(a).

For better understanding the same is extracted as hereunder:-

“With reference to the averments in remaining Para's of the affidavit under reply, the Respondent Corporation herein submits as follows:-

(a) It is submitted that the 5^th Respondent herein has laid the existing 100 feet wide road from NFC Bridge to FCI Godown to ease the traffic congestion and for free flow of traffic. The road was laid as per existing ground position and no private properties or compound walls are effected/demolished. If the petitioners herein produce proper ownership documents proving that road was laid from their property, the same will be verified and necessary act