Telangana High Court
Reddy Narayana vs The State Of Telangana on 28 December, 2023
1
SK, J
W.P.No.14221 of 2023
THE HON'BLE SRI JUSTICE K.SARATH
W.P.No.14221 of 2023
ORDER:
This writ petition is filed with the following prayer:
" to issue writ, order or direction more particularly one in the nature of Writ of Mandamus directing the respondent No.3 to pass the Award u/s.28-A of L.A.Act, 1894 and pay the compensation with all statutory benefits till realization following the judgment and decree passed by the Hon'ble Senior Civil Judge at Asifabad in O.P.No.56 of 1998 and also order of Hon'ble High Court in LAAS No.48 of 2007 dt.05.10.2009 by setting aside the order dated 02.09.2022 vide Proc.No.B/156/1985 by proposing a particular time as the Court feels wise."
2. Learned counsel for the petitioners submits that the respondents had acquired the lands of the petitioners to an extent of Ac.43-00 gts in Borlakunta village, Ac.10.00 gts in Keslapur village and Ac.65-00 gts in Kothmir village, total Ac.118.00 gts of Dahegoan Mandal erstwhile Adilabad District presently Komurumbheem Asifabad District for the purpose of formation of reservoir across Dormilla Vagu to Dubbaguda and an award was passed on 29.09.1997 fixing compensation @ Rs.3,000/- per acre. Thereafter, 2 SK, J W.P.No.14221 of 2023 the matter was referred to the Court of the Senior Civil Judge, Asifabad, who in turn after hearing both sides enhanced the market value of the lands from Rs.3,000/- to Rs.12,000/-per acre with all statutory benefits vide judgment dated 27.04.2006 in O.P.No.56 of 1998. Against the said judgment, the Land Acquisition Officer-Sub-Collector, Asifabad preferred appeal before this Court in L.A.A.S.No.48 of 2007 and the same was allowed confirming the judgment and decree of the Senior Civil Judge, Asifabad. Learned counsel submits that in spite of several representations, the respondent No.3-Land Acquisition Officer has not paid compensation to the petitioners and requested to allow the writ petition.
3. Learned Government Pleader for Land Acquisition for the respondent No.3 based on the counter averments submits that the petitioners have received the compensation as per the award passed by the then Sub-Collector/Land Acquisition Officer, Asifabad and 3 SK, J W.P.No.14221 of 2023 they have not filed any objection petition at the time of receiving the compensation. Basing on the objection made by one Mangali Laxmi, the matter was referred to the Court of Senior Civil Judge, Asifabad and the same was allowed enhancing the market value from Rs.3,000/- to Rs.12,000/-per acre with all statutory benefits vide judgment dated 27.04.2006 in O.P.No.56 of 1998. Thereafter, some petitions were received to pass award under Section 28-A of the Land Acquisition Act, 1894 for re-determination of the land value and the Sub-Collector, Asifabad has issued notices in Form-7-A under Section 28-A of the Land Acquisition Act, 1894 fixing the date of enquiry on 21.09.2013 and 26.10.2013 at Asifabad at 10.30 AM, but neither the petitioners have attended the enquiry nor produced any supporting documents and as such no action has been taken by the respondents. Learned Government Pleader further submits that though the petitioners have submitted several representations, they have not 4 SK, J W.P.No.14221 of 2023 approached the Land Acquisition Officer to get benefit under Section 28-A of the Land Acquisition Act, 1894 and their claim was rejected vide proceedings dated 02.09.2022 and he requested to dismiss the writ petition.
4. Having heard the submissions made by the learned counsel for both sides and perusal of the record, this Court is of the considered view that admittedly the award was passed on 29.09.1997 fixing compensation @ Rs.3,000/-per acre and on reference, the same was enhanced from Rs.3,000/- to Rs.12,000/-per acre vide judgment dated 27.04.2006 in O.P.No.56 of 1998 and the same was also confirmed by this Court vide judgment dated 05.10.2009 in L.A.A.S.No.48 of 2007. As per the counter averments, though the petitioners made several representations, they have not approached the respondent No.3 to get benefit under Section 28-A of the Land Acquisition Act, 5 SK, J W.P.No.14221 of 2023 1894 and therefore, the claims of the petitioners have been rejected vide proceedings dated 02.09.2022.
5. The contention of the respondent No.3 that the petitioners have not attended the enquiry conducted by the respondents on 26.10.2013 is not tenable with reference that the petitioners have submitted their claims along with the neighbours with all relevant records on 26.10.2013 and the same was received by the office of the respondent No.3 and also issued a receipt to that effect. It clearly shows that the petitioners have approached the authorities and submitted their claims in response to the notice in Form No.7-A issued by the respondent No.3. Therefore, the petitioners are entitled to the benefit under Section 28-A of the Land Acquisition Act, 1894. The respondents without taking into account the claims made by the petitioners on 26.10.2013, rejected in the impugned proceedings dated 02.09.2022. In view of the same, the petitioners are eligible to get the 6 SK, J W.P.No.14221 of 2023 benefits under Section 28-A of the Land Acquisition Act, 1894 and the impugned order of rejection dated 02.09.2022 is liable to be set aside and is accordingly set aside.
6. Accordingly, the Writ Petition is allowed directing the respondents to pay compensation to the petitioners taking into account of the representations filed by the petitioners on 26.10.2023 within a period of (4) four months from the date of receipt of a copy of this order.
7. Miscellaneous Applications, if any pending in this writ petition, shall stand closed.
_____________________ JUSTICE K.SARATH Date:28.12.2023 sj