IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27222 of 2014 Between:
Vinod Kumar Hurraiah, S/o. Hurraiah @ Dwarakadas, Aged 57 years, Occ: Business, R/o. H.No.3-4-812/D/406, Barkatpura, Hyderabad & 6 others .. Petitioners AND The Government of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad & 5 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27222 of 2014 ORDER:
The petitioners are the owners of land to an extent of 1144.50 square meters in Survey Nos.190 and 191, situated at Gagan Mahal Village, Himayatnagar Mandal, Hyderabad. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was published in the Hyderabad District Gazette No.143 on 12.08.2013 proposing to acquire the property of the petitioners. In Section 4(1) notification, the extent of land proposed for acquisition was shown as 1144.50 square yards, which comes to 956 square meters leaving aside 187.57 square meters of the property of the petitioners. The acquisition proceedings have become final and the petitioners were paid compensation. There is no grievance regarding the amount of compensation determined. The grievance of the petitioners in this writ petition is that due to mistake, the extent of land required was identified as 1144.50 square yards, whereas the actual requirement was 1144.50 square meters. The petitioners are willing to forego the balance extent of land.
2. Learned counsel for the petitioners submits that the petitioners are willing to offer the land without following the lengthy process of land acquisition proceedings by paying them the requisite compensation. Learned counsel for the petitioners places reliance on the letter written by the Executive Engineer, Hussain Sagar Lake Division, Buddha Bhavan, Secunderabad, dated 11.02.2014, which indicates that the respondents require this piece of land also and proceedings for land acquisition should be initiated.
3. However, the learned Assistant Government Pleader representing the Land Acquisition Officer submits that since the original land acquisition proceedings were properly concluded by acquiring the land of the petitioners to an extent that was notified, no fault can be found with the Land Acquisition Officer. Learned Assistant Government Pleader submits that now requisition is received by the Land Acquisition Officer from the Requisition Department to acquire the remaining extent of the property of the petitioners and the Land Acquisition Officer is in the process of taking steps to issue notifications as per the Act 30 of 2013. The learned Assistant Government Pleader requests three (3) months time to complete the process of acquisition.
4. Since the original acquisition proceedings were properly concluded by acquiring the land of the petitioners to an extent that was notified, no fault can be found with the respondents. As submitted by the learned Assistant Government Pleader, on instructions, that since the Requisition Department also requested for acquiring the remaining extent of the property of the petitioners i.e., 187.57 square meters, the proceedings in accordance with the Act 30 of 2013 shall be commenced and concluded as expeditiously as possible preferably within a period of three (3) months. Since the petitioner is expressing his willingness to acquire his land, provided proper compensation is determined, summary proceedings may be taken to shorten the process of acquisition.
5. With the above observations, the Writ Petition is disposed of. 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: 21st October, 2014 Note: Issue C.C. in one (1) week. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27222 of 2014 Date: 21st October, 2014 KL