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,
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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
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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
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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,
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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
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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
