HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30624 OF 2014 Date: 12.12.2014 Between :
Mohd.Hussain Shamsuddin Khorraim, s/o.Gula Raza Shamsuddin Khorrain, Age: 47 years, Occu:Business, r/o.9-1-48/5, SD Road, Secunderabad and others.
….. Petitioners And The Government of Telangana, rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others.
….. Respondents This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30624 of 2014 ORDER:
With the consent of the counsel for petitioners, Assistant Government Pleader for Revenue and standing counsel for Metro Rail, this writ petition is taken up for final disposal.
2. This writ petition is filed seeking following reliefs:
To issue a Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in going ahead to finalise the proceedings under Land Acquisition Act, 1894 for acquiring 285.84 sq. yards of land comprising of structures in which there is a two storied building without correctly demarcating the property from the edge of the main road and not dropping the proceedings as per Section 24 of Act 30 of 2013 is illegal, arbitrary and unconstitutional and consequently declare that the property of the petitioners in house bearding D.No.9-1-39 to 9-1-43, situated in St. Maries Road, Secunderabad Clock Tower area cannot be taken possession as the proceedings under the Land Acquisition Act 1894 have lapsed as per Section 24 of the Act 30 of 2013 and the identity of 285.84 sq. yards has not been clearly demarcated and identified in spite of request made by the petitioners and pass such other order or further orders as are deemed fit and proper in the circumstances of the case.
3. On 15.10.2014, following order is passed:
“Challenging the award passed on 1.9.2014, this writ petition is instituted. Learned counsel for petitioner submits that Section 4 (1) notification and award shows acquisition of the property to an extent of 285.84 sq.yards and property of the petitioner includes portion of the land between the main road and the shutters, but at the time of measurement, the computation of the area was taken from the inner wall excluding the portion between main road and shutters.
On instructions, Smt A Deepthi, learned standing counsel for GHMC and learned Government Pleader for Land Acquisition (Telangana) submits that fresh measurement will be taken in presence of petitioner and upon such measurement compensation amount would be paid to the petitioner for the acquired extent of land.
For the purpose of taking physical measurement of the extent of the property of the petitioner proposed for acquisition, the concerned officers shall assemble at the site/property of the petitioner at 11.00 AM on 18.10.2014. The petitioner shall also be present during measurement process and the minutes of the measurement shall be recorded and signature of the petitioner shall also be obtained and the report to be filed before this Court.
List on 21.10.2014 for filing report.”
4. As a consequence to same, physical measurements were taken in the presence of petitioners. An additional 92.92 square yards is found to be affected by acquisition.
5. Learned counsel for the petitioners submits that pursuant to the earlier orders of this Court dated 15.10.2014, fresh measurements were taken and accordingly, additional property to an extent of 92.92 square yards was also coming under acquisition and, therefore, petitioners are entitled to compensation on additional extent of the property they have lost, in addition to the extent of land, which was already notified i.e., 285.84 square yards. Learned counsel further submits that in the award, compensation was determined as per the Land Acquisition Act, 1894 (Repealed), whereas since award was passed after coming into force the Act 30 of 2013, compensation has to be determined in accordance with new Act as mandated by Section 24(1) of Act 30 of 2013. On this issue, State Government also issued orders directing District Collector, Hyderabad, to apply the provisions of new Act for determination of compensation for awards which are passed after 01.01.2014. He, therefore, contends that award dated 01.09.2014 is liable to be set aside on this ground alone. He submits that petitioners are confining their relief to proper determination of compensation on entire extent of land coming under acquisition.
6. Learned Assistant Government Pleader and standing counsels for GHMC and Hyderabad Metro have no answer on wrong determination of extent of acquisition and the compensation.
7. In W.P.No.29913 of 2014 and batch, this Court quashed the awards challenged in those cases to the extent of determination of compensation as per repealed Act and directed to determine compensation as per new Act and respondents were directed to re- determine the compensation in accordance with the provisions of Act 30 of 2013. The same principle applies to this case. In the facts of this case, since an additional extent of land is also falling under acquisition, the compensation has to be determined in accordance with Section 24(1) of Act 30 of 2013 to the entire extent of property of petitioners coming under acquisition including additional 92.92 square yards.
8. The Land Acquisition Officer shall fix a date for hearing, cause notice on the petitioners and afford an opportunity of hearing to the petitioners, consider all the claims of the petitioners with reference to the determination of appropriate compensation, consider their objections and pass supplementary award dealing with total extent of land coming under acquisition. The amount of compensation so determined shall be paid before possession of the properties are taken. The persons in occupation shall be given four weeks time from the date of payment of compensation for vacating the premises and handing over the premises if not handed over already. To avoid further litigation, it is necessary to put on notice all the persons who claimed to have interest in the subject property if there are any and shall also be given an opportunity of hearing to them and their grievance shall also be considered before determining the apportionment of compensation. The petitioners shall furnish list of such persons, if any, or a declaration that there are no other claimants, to the Land Acquisition Officer within a week from the date of receipt of copy of order. The petitioners shall cooperate for early disposal of the issue and shall have to appear on the date and time fixed by the Land Acquisition Officer for the purpose of enquiry to determine compensation and to receive the amount of compensation determined. By the date and time fixed for enquiry, petitioners shall be ready with the claims in accordance with the provisions of Act 30 of 2013. If they so choose, they may submit in advance the amount of compensation payable to them as per their assessment. Petitioners are entitled to be represented by their counsel. The entire exercise shall be completed within fixed time frame and the Land Acquisition Officer shall draw the schedule and communicate to petitioners along with notice of hearing including date for payment of amounts and mode of payments. If the petitioners do not appear on the dates fixed or do not cooperate in early disposal of the claims, it is open to the Land Acquisition Officer to pass e x parte supplementary award duly recording the reasons and to take consequential steps. Parties shall adhere to time schedule fixed to conclude the acquisition proceedings.
9. Accordingly, the writ petition is allowed. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 12.12.2014 kkm HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30624 OF 2014 Date: 12.12.2014 kkm