Telangana High Court
Kandakatla Naveen Kumar vs The State Of Telangana on 10 April, 2025
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.10960 of 2025
ORDER:
Heard learned counsel for the petitioners and learned Assistant
Government Pleader for Land Acquisition appearing for respondent Nos.1 to
4. With their consent, this writ petition is being taken up for disposal at the
stage of admission itself.
2. This writ petition has been filed seeking the following prayer:-
"to declare the action of the respondent authorities particularly
Respondents No.2 and 3, in not considering the
objections/representation Dt 2.04.2025 made by the petitioners and
forcing the petitioners to accept the Meagre amount as a
compensation and hand over the possession of the petitioners
properties, as arbitrary, illegal, violative of principles of natural
justice and in gross violation of the provisions of the RFCTLARR
Act, 2013 and against to the law laid down by the Hon'ble Apex
Court in "Madhya Pradesh Road Development Corporation Vs
Vincent Daniel And Others", dt 27.03.2025 reported in 2025
LawSuit (SC) 426, and consequently direct the Respondents to
consider the Representation dt 2.04.2025 and pass a reasoned
speaking order before proceeding with any further acquisition steps
as per the law laid down by the by the Hon'ble Supreme Court in
"Madhya Pradesh Road Development Corporation Vs Vincent
Daniel And Others", and not to dispossess the petitioners from their
properties without following the due process of law strictly in
accordance with the RFCTLARR Act 2013."
3. Brief facts in this writ petition are that petitioners claims to be the
owners and possessors of Plot No.2, to an extent of 377 Sq.yards or 315-21
Sq.Meters, Plot No.4, to an extent of 2904 Sq.yards or 2428-9 Sq.Meters, Plot
No.6 to an extent of 661 Sq.yards or 552-67 Sq.Meters and Plot No.15 to an
extent of 267 Sq.yards or 223.24 Sq.Meters, in kakatiya Smart City Venture,
Gunturpally Village, Gadepally Revenye Village, Khilla Warangal Mandal,
Warangal, having acquired the same vide registered sale deeds bearing
document Nos.1284, 1552 and 2079 of 2018 and 6957 of 2023 dated 14.03.2018,
31.03.2018, 30.04.2018 and 24.08.2023 respectively. The above said plots are
residential as well as commercial and the venture is located just 3 kms from
Warangal City, surrounded by public infrastructure like Textile Park, IT Hub
and the lands are falling part of development of Mamnoor Airport.
4. Learned counsel for the petitioners submits that the respondent Nos.2
and 3 vide Preliminary Notification published in Gazette
No.24/Warangal/2024, dated 01.12.2024, purportedly initiated the land
acquisition process under Section 11(1) of The Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (hereinafter referred as "the ACT") for development of Mamnoor
Airport. Thereafter, a Declaration under Form-7 dated 03.03.2025 was issued
under Section 19(1) of the Act and the petitioners' property was also included
in the acquisition list. Later, the respondent authorities issued another
Declaration under Form-7 bearing Rc.No.B/1590/2024 dated .03.2025,
wherein the petitioners property is shown on acreage basis. It is further
submitted that since the petitioners property is developed and converted into
plots, the petitioners are entitled for compensation on yard basis. Thus, the
petitioner on 01.04.2025 made a detailed representation and requested
respondent authorities to determine a fair compensation and the said
representation is still pending for consideration.
5. Learned counsel for the petitioners has drawn attention of this Court to
the Judgment dated 27.03.2025 passed by the Hon'ble Supreme Court in
"Madhya Pradesh Road Development Corporation Vs Vincent Daniel And
Others"1, wherein the Hon'ble Apex Court has clearly specified the
parameters for determining the amount of compensation guided by the
provisions contained under Section 23 and 24 of the Act. He would further
submit that the respondent authorities without issuing any notice and
without granting an opportunity for hearing to the petitioners, acquired the
petitioners propriety and are granting meager compensation. Hence, learned
counsel for the petitioners pray this Court to direct the respondent authorities
to consider the petitioners' representation dated 01.04.2025 and pass orders in
a time bound period.
6. Learned Assistant Government Pleader appearing for respondents
submits that if the petitioner representation dated 01.04.2025 is still pending
for consideration; the respondent authorities may be directed to dispose of the
said representation and pass appropriate orders in accordance with law.
7. In view of the submission made by learned counsel on either side and
without expressing any opinion on the quantum of the market value of the
subject lands effected for acquisition purpose, this writ petition is disposed of
2025 LawSuit (SC) 426,
directing the respondent authorities to dispose the petitioner's representation
dated 01.04.2025 in the light of Judgment dated 27.03.2025 passed by the
Hon'ble Supreme Court in "Madhya Pradesh Road Development
Corporation Vs Vincent Daniel And Others". The respondent authorities
shall pass appropriate orders strictly in accordance with law, as expeditiously
as possible, preferably within a period of three (03) weeks from the date of
receipt of copy of this order and communicate the same to the petitioners. It is
made clear that the respondent authorities shall follow due process as
contemplated under law before initiating action on the subject property.
8. Accordingly this writ petition is disposed of. Miscellaneous
applications, if any pending, shall stand closed. No order as to costs.
_________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 10.04.2025
Note:-
Issue C.C in three days.
B/o
SU
