Telangana High Court
Nerella Pochan Babu vs The State Of Telangana on 3 February, 2021
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.350 of 2020
ORDER:
This writ petition is being disposed of at the admission stage with the consent of both parties.
This writ petition is filed seeking the following relief:
"..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of respondents by issuing demolition notice dt.Nil-01-2020 (received on 05.01.2020) in respect of H.No.3-45 & H.No.3-46 of petitioners 1 and 2, and interfering with petitioners' peaceful possession and enjoyment of respective H.No.3-46/1 of 3rd petitioner, together with appurtenant land, situated at Chelpur village, Huzurabad Mandal, Karimnagar District, for the purpose of road widening as well as construction of CC drain from Grampanchayat office to Bus stand, without following procedure contemplated under provisions of the Right to Fair Compensation and Transparancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as illegal, arbitrary, unconstitutional and violative of Articles 14, 19 and 300-A of Constitution of India and consequently, direct the respondents not to take any coercive steps in respect of House bearing No.3-45, H.No.3-46 and H.No.3-46/1 together with appurtenant land of petitioners, in any manner, in the interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2 AKS,J W.P.No.350 of 2020 Heard Sri Hari Kishan Kudikala, counsel for the petitioners, Government Pleader for Panchayat Raj appearing for respondent Nos.1,2,3 and 5 and Sri G.Narender Reddy, Standing Counsel for respondent No.4 Gram Panchayat.
It has been contended by the petitioners that they are the absolute owners of the respective properties bearing H.Nos.3-45, 3-46 and 3-46/1 along with appurtenant land situated at Chelpur Village, Huzurabad Mandal, Karimnagar District. Their grievance is that respondent No.4 Gram Panchayat is laying drainage pipelines in their properties without obtaining their consent and without invoking the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Right to Fair Compensation Act'). It is also stated by the petitioners that in respect of their properties, the respondents have issued demolition notice, dated _ /01/2020, which was received by them on 05.01.2020. Challenging the same, the present writ petition is filed.
Counsel for the petitioners contended that the respondents cannot acquire the land of the petitioners for laying drainage pipelines, without invoking the provisions of the Right to Fair Compensation Act and without obtaining the consent of the petitioners. Therefore, counsel contended that appropriate orders be passed in the writ petition directing the respondents not to dispossess the petitioners from their household properties without initiating the 3 AKS,J W.P.No.350 of 2020 provisions of the Right to Fair Compensation Act and without obtaining the consent of the petitioners.
Standing Counsel appearing for the 4th respondent had contended that all the villagers have given their consent in Grama Sabha and accordingly a resolution was passed to lay drainage pipelines and now the petitioners are contending that they have not given consent. Standing Counsel further contended that the respondents will not interfere with the possession of the petitioners without invoking the land acquisition proceedings.
This Court, having considered the rival submissions of learned counsel for respective parties, is of the view that the respondents cannot acquire the properties of the petitioners without the consent of the petitioners and without invoking the provisions of the Right to Fair Compensation Act. The petitioners have not given consent. Thus, the impugned demolition notice dated _/01/2020, which was received by the petitioners on 05.01.2020, is liable to be set aside and the same is accordingly set aside. However, liberty is given to respondent No.4 Gram Panchayat to acquire the properties of the petitioners in accordance with law and proceed with laying of drainage pipelines in the petitioners' properties after following due process of law.
Accordingly, the writ petition is allowed. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed.
______________________________ ABHINAND KUMAR SHAVILI, J 03-02-2021 vv