THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27810 of 2014 Dated : 18.09.2014 Between:
Manda Vasu S/o.Ramachandra Reddy, Aged about 37 yrs, Occu : Agriculture, R/o.Nagapuri, Cherial Mandal, Warangal District & another .. Petitioners And The State of Telangana, Rep., by the Secretary (Land and Revenue) & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27810 of 2014 ORDER :
This writ petition is instituted by the petitioners contending that the compensation determined by land acquisition officer was very meager. There was under valuation of the lands acquired and that grave injustice is caused to the petitioners on account of fixation of lower compensation, whereas the market rate was far higher causing great hardship and sufferance to the petitioners.
2. The land acquisition proceedings were initiated in the year 2010 for acquiring large extents of land including the lands of the petitioners which was covered under sub-mergence of Mareddy tank in the limits of Nagapuri & Kadavaragu village of Cherial Mandal, Warangal District. An award was passed in March, 2012 and compensation was determined to the respective holdings of the land losers. The petitioners received compensation determined, immediately after the award was passed.
3. As evident from the pleadings, and the material enclosed to the writ affidavit, no such objection was raised and no application was filed as mandated by Proviso appended to Section 18 of the Land Acquisition Act (repealed) (for short the ‘Act’). Proviso prescribes time limit for applying for enhancement of compensation and mandates submission of written representation to the Collector, for consideration for enhancement of compensation and reference to the Civil Court for determination of the compensation. No such application was filed within the time stipulated under Section 18 of the Act. In fact even by the time, this writ petition is instituted also no such application is filed seeking for enhancement of compensation. The award having become final and the amount of compensation having been received by the petitioners without any protest, and the time limit fixed as per Section 18 of the Act, has expired long ago no relief as sought by the petitioners can be granted at this stage reopening the entire land acquisition proceedings including the amount of compensation determined. Except making an assertion that the value of the property is far higher than what is fixed, no proof is filed in support of their contention that the compensation determined was meager and whereas the value of the property was far higher. Hence, I see no merit in the writ petition.
4. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition, shall stand dismissed.
P.NAVEEN RAO,J 17th September, 2014 Rds