The Chief Engineer 3 Ors., vs Sri Balaji Venkateswara Swamy ...
2022 Latest Caselaw 855 Tel

Citation : 2022 Latest Caselaw 855 Tel
Judgement Date : 23 February, 2022

Telangana High Court

The Chief Engineer 3 Ors., vs Sri Balaji Venkateswara Swamy ... on 23 February, 2022

Bench: Satish Chandra Sharma, Abhinand Kumar Shavili

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                    AND
    THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                    WRIT APPEAL No.860 of 2009

JUDGMENT:      (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


        The present writ appeal is arising out of an order

dated 05.11.2008 passed by the learned Single Judge in

W.P.No.3316 of 2007.

        The facts of the case reveal that the respondent No.1

in the present writ appeal, Sri Balaji Venkateswara Swamy

Vari Devastanam (hereinafter referred to as, the temple),

has preferred a writ petition being aggrieved by the action

of the State Government in acquiring the property of the

temple to an extent of Acs.60.00 in Survey No.39 situated

at Annadaivam Village of Khammam District without

resorting to the proceedings under the Land Acquisition

Act, 1894, and without passing any award in the matter.

Not a single rupee was paid towards compensation. The

facts of the case further reveal that the so-called

construction took place in the year 1975 over the land

belonging to the temple and at the time the road was

constructed, it was under the Panchayat Raj Department

and later on it was handed over to the Roads and Buildings

Department. The temple kept on representing in the

matter and there is a long history of correspondence. The

Executive Engineer, Roads and Buildings Division,

Khammam District, wrote a letter dated 13.01.1984 to the

Assistant Commissioner, Endowments, Khammam, stating

that the compensation has to be paid by the authorities of

the Zilla Parishad and that the Roads and Buildings

Department is not responsible for the same. Meaning

thereby, the Roads and Buildings Department flatly

refused to pay the compensation, though the road was

handed over to them and in those circumstances, the

temple has approached this Court. A counter affidavit was

filed in the writ petition by the Roads and Buildings

Department and it was admitted by the Roads and

Buildings Department that the road was constructed by

the Panchayat Raj Department and it was handed over to

them and if at all compensation has to be paid, it has to be

paid by the Panchayat Raj Department. Meaning thereby,

the Panchayat Raj Department and the Roads and

Buildings Department have shifted their responsibility

upon each other in the matter of payment of compensation.

The learned Single Judge has disposed of W.P.No.3316 of

2007 on 05.11.2008 and paragraphs 4 to 6 of the said

order are reproduced as under:-

"4. Extensive arguments have been advanced, at various stages, and records were also produced. Primarily, it is evident that what was in existence across the land of the Devasthanam was only a passage, described in the map as kali bata. That was in turn made into a road and, thereafter, widened to the extent of 60 feet. Obviously, on account of lack of proper supervision over the properties of the Devasthanam, objections may not have been raised when the road was laid. All the some, the petitioner cannot be denied the compensation for the land that is utilized for formation of the road.

5. Though it is strenuously contended on behalf of the petitioner that proceedings under the Land Acquisition Act must be initiated, this Court opines that such a course cannot be insisted at this length of time. Further, notification of that nature would lead to claims by farmers or owners of the land throughout the length of the road. Inasmuch as the petitioner has been pursuing its claims for the past several decades, this Court is of the view that reasonable compensation for the land of the petitioner that is utilized for formation of the road needs to be paid to the petitioner.

Incidentally, the Roads and Buildings Department is the agency, which is entrusted with the task of assessing the value of the properties, particularly, lands and buildings. It would be in the fitness of the things that the Superintendent Engineer, the 4th respondent, bestows his attention to the

matter both as to the extent of the land utilized for widening of the road and the value thereof. On completion of that exercise, necessary amount must be paid to the Devasthanam. Further, if there arises any occasion for resolution of the inter departmental disputes, the District Collector shall resolve the same.

6. Hence, the writ petition is disposed of, directing that;

(a) the 4th respondent shall determine the area belonging to the Devasthanam that was utilized in widening of the road, referred to above, as well as the monetary value thereof, at the relevant point of time, within two months from the date of receipt of a copy of this order. The petitioner shall also be put on notice whenever such exercise is undertaken,

(b) the amount arrived at by the 4th respondent shall be paid either by the Roads and Buildings Department or by the Zilla Parishad, Khammam, the 6th respondent herein, and if any uncertainty exists as to this, the 3rd respondent shall resolve the same and the amount shall be paid within three months from the date of determination by the 4th respondent.

(c) In case the amount is not paid as indicated within the stipulated time, it shall carry interest at 9% per annum from the date on which the road was widened till the date of payment.