Telangana High Court
Anchuri Aruna Prasad vs The State Of Telangana on 19 December, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.22721 of 2024
ORDER:
Heard learned counsel for the petitioner, learned Government
Pleader for Land Acquisition appearing for respondent Nos.1 to 5, and
Sri D.Rajasekhar, learned counsel, appearing for respondent No.9, and
perused the record. Despite of service of notice on respondent Nos.6 to 8,
they did not enter appearance either in person or through the learned
counsel.
2. The case of the petitioner, in brief, is that on the respondents-
authorities by issuing preliminary notification dt.24.06.2023 and
declaration in Form VII, dt.31.05.2024, under Section 19 of the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (for short, ‘the Act’), published in the
newspapers on 19.06.2024, are seeking to acquire the land to an extent of
1,500 square yards in Sy.No.182/B (182/2) out of Ac.0.39 guntas situated
in Enumamula Village, Warangal Mandal and District, ignoring the claim
submitted by the petitioner, vide representations dt.22.11.2019 and
23.08.2023 and fixing enquiry on 20.08.2024, and without issuing any
notice to the petitioner, by passing an award and disbursing the amount in
favour of respondent Nos.6 to 9, which action it is contended is highly
illegal, arbitrary and contrary to the provisions of the Act.
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3. Per contra, learned Government Pleader for Land Acquisition
appearing on behalf of respondent Nos.1 to 5 has placed before this Court
the written instructions, under the signature of the 4th respondent.
4. By the written instructions, it is stated that the authorities have
issued preliminary notification in Form VI under Section 11(1) of the Act
seeking to acquire the land to an extent of Acs.9.25 guntas situated in
Enumamula Village, Warangal mandal and District, had caused publication
in newspapers on 24.06.2023, since, the said extent of land mentioned
therein was required for formation of 200 feet Master-Plan By-pass (Inner
Ring Road) from Khammam Road to Mulugu Road connecting Narsampet
Road situated at Enumamula Village of Warangal.
5. By the written instructions, it is further stated that upon the
authorities issuing preliminary notification and calling for objections under
Section 15 of the Act, as no objections were received, declaration was
issued under Section 19 of the Act on 31.05.2024 published in newspapers
on 19.06.2024, seeking to acquire the land in Sy.No.182/2 from various
enjoyers (numbering to 9), in all, admeasuring 4,719 square yards.
6. By the written instructions, it is further submitted that on the
authorities after issuing declaration under Section 19 of the Act, have
issued award enquiry notices under Sections 21(1) and 21(4) of the Act
fixing the hearing on 20.08.2024.
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7. Learned Government Pleader for Land Acquisition appearing for
respondent Nos.1 to 5 submits that since this Court by interim order
dt.22.08.2024, directed the respondents-authorities to consider the
objections submitted by the petitioner on 22.11.2019, 23.08.2023 and
21.08.2024, as objections filed to the award enquiry notices under Section
21(1) of the Act, the authorities would consider the aforesaid objections
while passing the award pursuant to the declaration dt.31.05.2024.
8. Learned counsel appearing on behalf of respondent No.9 submits
that the petitioner has no locus standi to file the present Writ Petition, nor
has any semblance of title to the land under acquisition and thus, cannot
seek for payment of compensation in respect of the land being claimed by
him which belongs to respondent No.9.
9. I have taken note of the respective contentions urged.
10. Though respondent No.9 claims that the petitioner not having any
semblance of title to the subject land, the said issue would have to be
gone into by the Land Acquisition Authority at the time of passing of
award.
11. Further, this Court having directed the respondents-authorities to
consider the objections/representations submitted by the petitioner, while
undertaking award enquiry in pursuance of notice issued under Section
21(1) of the Act, the respondents-authorities are required to consider the
aforesaid objections at the time of passing of the award.
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12. Further, it is also to be noted that during such award enquiry, if the
authorities find the petitioner having any semblance of interest or there is
any title dispute in relation to the title of the property, the authorities are
required to make a reference to the authority under Section 64 of the Act
by exercising powers under Section 77 of the Act.
13. Since the learned Government Pleader has submitted that the
authorities are in the process of considering the objections filed by the
petitioner pursuant to award enquiry notices issued fixing the hearing on
20.08.2024, this Court is of the view that the authority shall consider the
objections of the petitioner and record its finding while passing the award
in pursuance of the preliminary notification dt.24.06.2023 and declaration
dt.31.05.2024.
14. Subject to above direction, the Writ Petition is disposed of. No
order as to costs.
15. Miscellaneous petitions, if any, pending in this writ petition shall
stand closed.
__________________
T. VINOD KUMAR, J
Date:19.12.2024
GJ