THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.16050 of 2024

ORDER

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5. With their consent this writ petition is taken up for disposal at the admission stage itself.

2. The petitioner is aggrieved by the action of the respondent Nos.1 to 5 in not releasing the compensation amount to the respondent Nos.6 to 11 petitioners for the land bearing Plot No.11 in Sy.No.43 admeasuring 267 square yards or 223.31 square meters situated at Ward No.9, Block No.10, Roshandowla village, Saroornagar Revenue Mandal, Ranga Reddy District and Plot No.10 admeasuring 267 square yards or 223.23 square meters in Sy.No.43 situated at Ward No.9 Block No.10 Roshandowla village, Saroornagar Revenue Mandal, Ranga Reddy District respectively (hereinafter referred as ‘subject property’), which was acquired by the respondents for 150 Feet Road as illegal, unlawful, unconstitutional and against the principles of natural justice and seeking a consequential direction to respondents to release the compensation amount to the petitioners for the subject property.

3. Brief facts stated in this writ petition are that the petitioner claims to the owner and possessor of the plot No.11 in the subject property which was acquired by way of registered sale deed dated 22.08.1998 vide document No.4332/1998. Similarly, petitioner No.2 claims to be the owner and possessor of plot No.10 in the subject property which was acquired by way of registered sale deed dated 07.08.2000 vide document No.6137/2000. It is further submitted that the Government of Andhra Pradesh has acquired the entire plot No.10 admeasuring 267 square and plot No.11 admeasuring 267 squares for widening of RCI road vide proceedings No.D/189/94 and passed the award on 31.10.2006 and at the time of passing the award, the land acquisition officer had neither issued any notices to the petitioners nor informed the said acquisition proceedings and till today there are no notices showing the delivery of the said property from the petitioners. It is further submitted that when the petitioners have tried to construct the compound wall on 20.07.2018, the officials of the defence authorities came and objected their construction in and over the said property and informed that the petitioner’s plots were acquired by the government for expansion of existing RCI Road through the said proceedings. It is further submitted that the officials have also informed that the award was deposited into the account of LAOP No.44 of 2011 by showing that the amount was not claimed in the said property. It is further submitted that the petitioner’s plots shown as not claimed by any claimant as per the report sent by them in L.A.O.P.No.44 of 2011 and the acquisition officials have not issued any notices to the petitioners, as such the petitioners are unable to claim the award amount and also to participate in the award enquiry. The petitioners further submits that they are entitled to receive the compensation which is awarded by the land acquisition officer in respect of part of plot Nos.10 and 11 admeasuring 267 square yards each. It is further submitted that the respondents shown the petitioner’s plots in the said acquisition proceedings and also awarded an amount of Rs.67,143/- each for plot Nos.10 and 11 in LAOP No.44 of 2011 under Sections 30 and 31 of L.A.Act and submits that no claim is filed by the petitioners. It is further submitted that the petitioners herein filed a petition for impleading them in the above said LAOP in the year 2019 vide I.A.No.1068 of 2019 along with copy of GPA and Rule 32 Petition vide I.A.No.1069 of 2019 but, at the time of filing the said petition, the petitioners could not file the affidavit under Rule 33 of C.R.P due to oversight and on the basis of the same, the petition was dismissed on 05.01.2024. It is further submitted that petitioners recently came to know t