Item No.3
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
W.A.No.335 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant (respondent No.7 in W.P.No.22269 of 2020) is
aggrieved by the order dated 08.12.2020, passed by the learned Single Judge in a writ petition filed by the respondent No.1 herein, challenging the Letter dated 06.11.2020 issued by the respondent No.4/Endowment Department (respondent No.3 in the writ petition) permitting the respondent No.3/Telangana State Transco (respondent No.2 in the writ petition) to lay a Monopole Transmission Line through lands situated in Survey Nos.284, 287, 296 and 297 of Manchirevula Village, Rajendera Nagar Mandal, Rangareddy District.
2. By the impugned order, the learned Single Judge has disposed of the captioned writ petition with a direction that the compensation for the land in question used for laying the Monopole Transmission Line, shall be deposited by the respondents No.3 and 6 (respondents No.2 and 5 in the writ petition) and paid to the respondent No.1/writ petitioner.
3. Mr. K. Jagan Mohan Reddy, learned counsel for the appellant states that the subject land is owned by the temple authorities and not W.A.No.335 of 2021 Page 1 of 3 by the respondent No.1/writ petitioner and therefore, no compensation is payable to the respondent No.1/writ petitioner.
4. The said submission is however disputed by learned counsel for the respondent No.1/writ petitioner, who states that there is a litigation pending between the parties in respect of the subject land, registered as W.P.No.22466 of 2016 and W.P.No.22560 of 2004 filed by the respondent No.1/writ petitioner before the learned Single Judge wherein, the issue of entitlement to an Occupancy Right Certificate, is pending adjudication.
5. We have enquired from both the parties if the respondents No.3 and 6 (respondents No.2 and 5 in the writ petition) would be willing to deposit the compensation in respect of the land in question in the pending proceedings namely, W.P.No.22466 of 2016 and W.P.No.22560 of 2004, for the same to be released in favour of the party who ultimately succeeds in the captioned petitions. Learned counsel for the parties are agreeable to the said suggestion.
6. Mr. R. Vinod Reddy, learned counsel for the respondent No.3/ Telangana State Transco states that a sum of Rs.14,00,000/- (approximately) towards the compensation has already been deposited with the respondent No.5/District Collector.
7. Learned Government Pleader for Revenue is directed to ensure that the aforesaid amount is transmitted into the Registry within one week. The Registry shall place the said sum in an FDR, initially for a period of one year, to be renewed thereafter from time to time, till a W.A.No.335 of 2021 Page 2 of 3 decision is taken in W.P.No.22466 of 2016 and W.P.No.22560 of 2004. The party, who succeeds in the captioned petitions, shall be entitled to receive the compensation amount along with the interest, that may have accrued on the said sum.
8. The present appeal is disposed of along with the pending applications, if any.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 05.08.2021 JSU/PLN W.A.No.335 of 2021 Page 3 of 3