Telangana High Court
K. Ramulu Died vs State Of T.S. on 29 November, 2018
Author: P. Naveen Rao
Bench: P. Naveen Rao
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION Nos.8225, 35741 AND 43206 OF 2018
Date:29.11.2018
W.P.No.8225 of 2018
Between:
K. Ramulu (died) per L.R.
K. Nagender, S/o. Laxman,
Aged about 52 years Occ: Business,
R/o. Vikarabad Town, Vikarabad
District and others .. Petitioners
And
The State of Telangana, rep., by its
Principal Secretary for Revenue,
Secretariat, Hyderabad and others .. Respondents
The Court made the following:
2
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION Nos.8225, 35741 AND 43206 OF 2018
COMMON ORDER:
Heard.
2. In these three Writ Petitions, petitioners claim to be the owners of different houses/open plots in various extents situated at Vikarabad District. These Writ Petitions are filed alleging that no award was passed and no compensation is paid to the petitioners though possession was taken 11 years back for widening of road from Ananthagiri Railway track to Alampally.
3. In the counter affidavit filed by the respondents in W.P.No.35741 of 2018 at paragraph Nos.7 to 9, it is averred that the awards were passed on 25.04.2017 and 12.06.2018 in respect of petitioners, but so far compensation amount could not be paid to them as the Requisition Department has not deposited the amount though administrative sanction was already granted on 20.04.2017. It is also stated that the bills are pending for want of authorization of the Finance Department of Telangana.
4. Having acquired the properties of the petitioners, it is illegal in not depositing the compensation amount payable to them and any further delay in paying compensation would amount to depriving their right to enjoy their properties or right to receive the compensation as awarded without any justification in law and also would amount to arbitrary exercise of power and authority. Having taken possession of the petitioners' properties, the respondents cannot delay payment of compensation any further. 3
5. The Writ Petitions are accordingly disposed of directing the respondents to pay compensation as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of the order. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.
____________________ P. NAVEEN RAO, J Date:29.11.2018 KH