IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34593 of 2014 Between:
Kodela Venkatesham, S/o. Late Ailaiah, Age: 39 years, Hindu,. Occ: Cultivation, R/o. Villikattu (V), Kondapaka (M), Medak District & 7 others .. Petitioners AND State of Telangana, Rep. by Principal Secretary, The Department of Revenue, Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34593 of 2014 ORDER:
Late Kodela Ailaiah was assigned land to an extent of Ac.
3.00 guntas in Survey No.271/3 of Velikattu Village, Kondapaka Mandal, Sangareddy Revenue Division. Land standing in the name of Kodela Ailaiah to an extent of Ac. 2.05 guntas in Survey No.271/13 and land standing in the name of Kodela Venkavva, W/o. Late Kodela Ailaiah, to an extent of Ac. 1.11 guntas in Survey No.271/20 was acquired by following the procedure as mandated by the Land Acquisition Act, 1894 (for short, ‘the Act’). To the extent of said acquisition, compensation/ex-gratia was paid to Kodela Venkavva, W/o. Late Kodela Ailaiah and the legal heirs of Kodela Ailaiah. There is no dispute to the extent of notification issued and compensation/ex-gratia paid. The grievance of the petitioners is that in fact a larger extent of land was assigned to them and they were in possession and enjoyment of the said extent of land when land acquisition proceedings were initiated and the entire extent of land which they were in possession was acquired, but compensation/ex-gratia was restricted only to Ac.
2.05 guntas standing in the name of Late Kodela Ailaiah and Ac.
1.11 guntas standing in the name of Kodela Venkavva, W/o. Kodela Ailaiah. This writ petition is instituted contending that the petitioners are entitled to the full compensation/ex-gratia for a total extent of land in their possession.
2. Notification under section 4(1) of the Act is not filed. The award passed by the Land Acquisition Officer is not enclosed. The written instructions furnished by the Land Acquisition Officer are placed before this Court. According to the written instructions, the total extent of land which was acquired was Ac. 186.06 guntas. The written instructions disclose that in Survey No.271, in the name of Late Kodela Ailaiah, the extent of land assigned was Ac. 2.05 guntas (Survey No.271/13); in the name of Smt. Kodela Venkavva (2nd petitioner) the extent assigned was Ac. 1.11 guntas (Survey No.271/20); in the name of Kodela Venkatesham (1st petitioner), the extent assigned was Ac. 1.00 guntas (Survey No.271); and in the name of Kodela Srinivas (3rd petitioner), the extent assigned was Ac. 1.00 guntas (Survey No.271). The above extents of land was reclaimed. The Tahsildar in his letter vide Lr.No.B/31/2010, dated 02.03.2012, has submitted the ex-gratia proposals. Accordingly, after obtaining the necessary sanctions, the ex-gratia amount was paid to the extent of acquisition.
3. It is thus seen that to the extent of land as notified, the compensation/ex-gratia was paid to the petitioners. If the petitioners have grievance with reference to taking possession of more extent of land assigned to them than notified, the petitioners ought to have worked out their remedies as available in law. Insofar as the Land Acquisition proceedings are concerned, it is not denied that to the extent of land as reflected in the revenue records in Survey No.271, the compensation/ex-gratia was paid.
Therefore, it cannot be said that there was illegality and irregularity committed by the Land Acquisition Officer in determining the compensation/ex-gratia payable to the petitioners. Therefore, there is no merit in the writ petition. It is always open to the petitioners to work out their remedies to claim appropriate relief as with reference to the extent of land assigned to them and was in possession and if the same was forcibly reclaimed without paying ex-gratia, in accordance with law.
4. Subject to the above observations, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 17th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34593 of 2014 Date: 17th November, 2014 KL