The state is obligated to consider representations for compensation when private land is utilized for public infrastructure expansion without following the prescribed legal acquisition process, ensuring compliance with constitutional rights to property.

:: O R D E R ::

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

“…to issue a writ order or direction more particularly a one in the nature of Mandamus declaring the action of the respondents in laying the Road through the petitioners lands to an extent of 1,479 sq. yards in Sy.Nos.791/C, 791/A, Sy.No.791/B, 764 and 763/C and also in Cheelapoor Sivar 77, 78, 79 and 80/ABC without any notice or initiating proceedings under Land Acquisition Act and without paying any compensation as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 as illegal, arbitrary, unconstitutional, unreasonable and in gross violation of Article 21 and 300-A of the Constitution of India and consequently direct the respondents to consider the representations of the petitioners dated 21.09.2015 and 22.09.2015 and pay compensation for the petitioners lands to extent of 1479 square yards…”

2. Brief facts of the Case:

(i) The petitioners are residents of Cheelapoor Village, Bejjanki Mandal, Karimnagar District (presently Siddipet District), and are the absolute owners and possessors of agricultural lands situated at Bejjanki Sivar, namely Sy.No.791/C admeasuring Ac.2.09 guntas, Sy.No.791/A admeasuring Ac.1.04 guntas, Sy.No.791/B admeasuring Ac.1.04 guntas, Sy.No.764 admeasuring Ac.1.20 guntas, Sy.No.763/C admeasuring Ac.3.03 guntas, and lands covered by Sy.Nos.77, 78, 79, and 80/ABC admeasuring Ac.3.09 guntas, all situated at Cheelapoor Village, Sivar. The petitioners have been cultivating these lands, and pattadar passbooks and title deeds were issued by the Mandal Revenue Officer, Bejjanki Mandal, confirming their possession.

(ii) A katcha road existed through the petitioners’ lands for over 40 years, leading to Cheelapoor Village. On 09.10.2015, the respondents, without issuing any notice or following due process, expanded the katcha road into a Tar road, thereby acquiring 1,479 sq. yards of the petitioners’ land. The market value of the affected land is Rs. 8,88,720/-. The petitioners made representations on 21.09.2015 and 22.09.2015 requesting to pay compensation, but no action has been taken by the respondents. Aggrieved by the same, the petitioners filed the present Writ Petition.

3. Learned counsel for the petitioners submitted that in view of the representation already submitted by the petitioner, the respondents be directed to consider the said representations dated 21.09.2015 and 22.09.2015 and pass appropriate orders thereon in accordance with law.

4. Learned Assistant Government Pleader appearing for the respondents does not dispute for consideration of the petitioners’ representations dated 21.09.2015 and 22.09.2015.

5. Taking into consideration the submissions made by the learned counsel for the respective parties, without going into the merits of the case, this Writ Petition is disposed of by directing respondent Nos.2 and 3 (i.e., LAO, RDO, Siddipet District, and the Executive Engineer, Karimnagar) to consider the petitioners’ representations dated 21.09.2015 and 22.09.2015 and pass appropriate orders thereon in accordance with law as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. It is needless to observe that the decision so taken by the respondents shall be communicated to the petitioners. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.