THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12738 of 2017

ORDER

Aggrieved by the action of the respondents in laying down a road on the vacant land of the petitioner in an extent of 200 square yards surrounded and nearby house bearing H.No.3-3-3, bounded by East: Naala, West: the petitioner’s land, North: Land of Vinod Pasis and South: Land of Nijamudhin Pasi of Botton Pit Basti, Yellandu, Khammam District without invoking land acquisition proceedings or issuing notice and not paying the compensation, the present Writ Petition is filed. Consequential prayer is made to direct to respondents to pay compensation for the aforesaid vacant land of the petitioner.

2. The facts of the case in brief are that the petitioner claims to be in possession of land to an extent of 200 square yards, which was given to him by his father. Earlier, the property was inherited by the petitioner’s father from his father. The said land was given to the petitioner by his father by way of registered document No.55/2005, dated 21.03.2005 and since then, the petitioner claims to be in possession and enjoyment of the subject property.

3. It is submitted that the respondents for the purpose of transport, loading and unloading purpose of Open Cast mine of Singareni Colleries laid down a road through the petitioner’s land, which was abutting to Government land without invoking land acquisition proceedings and also without issuing notice and that the respondents had already leveled the road. In other words, the respondents have forcibly taken away the property.

Questioning the same, this Writ Petition is filed.

4. This Court on 11.04.2017 in W.P.MP.No.15824 of 2017 passed the following order:

“There shall be interim direction as prayed for. However, this order shall not preclude the respondents from proceedings in accordance with law.”

5. Counter has been filed by respondent Nos.6 and 7 submitted in para No.10 that the petitioner has already been paid the compensation to the house bearing No.3-3-3 and compensation and monetary benefits have been received by the petitioner under rehabilitation and resettlement and also on the structure valuation for an amount of Rs.3,24,490/- to his bank account and an amount of Rs.1,59,500/- was paid as rehabilitation & resettlement package and allotted a developed house plot in Survey No.609.

6. Heard Sri M.Kesava Rao, learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 5 and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Colleries appearing for respondent Nos.6 and 7.

7. Learned counsel for the petitioner submits that though the amount has been received, still some land has been acquired, for which the compensation has not been paid.

8. In that view of the petitioner, if the petitioner approach the respondents with the title deeds and relevant documents and if the same were found in order and if the petitioner is still eligible, the respondents are left open to decide any further payments to be made on the acquired land and structures under the provisions of The Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass appropriate orders within a period of eight (08) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion either on the possession, title and the quantum of compensation paid to the petitioner. It is totally left open to the respondents to decide afresh on the documents if at all not been filed or considered earlier.

9. With these observations, the Writ Petition is disposed of.

No order as to costs.

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

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 28.07.2025 Nsk