Whether land earmarked for a school in a sanctioned layout constitutes a private plot or a surrendered amenity space determines the entitlement to compensation under land acquisition laws.

ORDER:

The present writ petition has been filed declaring the action of the respondents in not initiating the Land Acquisition proceedings with respect to the Government School constructed in an extent of 1200 square yards of the petitioner in the Layout No.1317/MP2/HUDA sanctioned by the 3rd respondent, as arbitrary, and illegal and consequentially direct the respondents to pay the compensation to the petitioner for the said extent by initiating the Land Acquisition Proceedings under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 .

2. The brief facts of the case are that, the petitioner along with others are the absolute owner and possessor of the land admeasuring 1200 square yards in Layout No.1317/MP2/HUDA, dated 06.08.1991 in respect of land in Sy.Nos.754, 755, 756, 761(P), 765(P) and 764(P) of Shamshabad village, Ranga Reddy District. The said layout was obtained by the petitioner and others, who are the landlords from the 3rd respondent after paying the necessary fee, and after proper demarcation of the individual plots and also development all the amenities as per the sanctioned layout have obtained final layout. Further, in the said layout, an extent of 200 square yards of land was left for the purpose of School by the petitioner. It is assertion of the petitioner that the said land was left for construction of a school by them and the same is not coming under the purview of the amenities or open spaces in the said sanctioned layout, dated 06.08.1991. Further, it is stated by the petitioner that the said layout sanctioned by the 3rd respondent shows the following plotted area, open spaces and area for amenities:

3. It is stated that as per the said layout sanction letter dated 06.08.1991 issued by the 3rd respondent, the petitioner and others have transferred the road area of 39,784.80 square yards (29.38%) and open spaces of 13,537.48 (10%) through a gift deed to the respondent No.5 and the final layout was released on fulfilling all the conditions, pursuant to which, the individual plots were sold to several prospective purchasers through registered sale deeds, while retaining the spaces reserved for commercial and school purposes in the said layout.

4. Further, it is stated that the 5th respondent-Gram Panchayat, taking advantage of the fact of the land to an extent of 1200 square yards shown as School, has passed a resolution, dated 25.08.2009 to construct a school through one Mr. G.Bhaskar Reddy under Rajiv Vidya Mission announced by the then Government of A.P., through 2nd respondent. Pursuant to which, the 5th respondent entered into an agreement on 21.10.2009 for construction of the school with an expenditure of Rs.3.80 lakhs and commenced the construction work through the contractor over the said extent of 1200 square yards, and when the petitioner objected for the same, the 5th respondent without following the due procedure as contemplated under law and without issuing any notification under the Land Acquisition Act 2013, straightaway issued permission for construction of the school over the said land, admeasuring 1200 square yards, which is reserved by the petitioner for construction of a private school by them in the said layout. It is stated that though several representations dated 05