Telangana High Court
Nimmagaddatarun Kumar vs State Of Telangana on 13 June, 2022
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No. 24134 OF 2022
ORDER:
This present writ petition is filed for seeking the writ of mandamus declaring the action of the respondents respondent No.2 in not payment of compensation for the land acquired admeasuring to an extent of 143 sq.yds which is part of the RCC roofed, CT roofed, tin shed roofed house with open space bearing GP No.334, 335 and 336 (within one boundary) situated at Hyderabad road, Madhavnagar, Pangra (B) village and mandal Nizamabad district pursuant to the Notification and declaration Dist Gazattee No.08/2020, dated 04.03.2020, award No B2/4233/2017, dated 07.01.2022 as arbitrary, illegal discriminatory, erroneous and volatile of Article 14 and 300A of the Constitution of India and consequently direct the respondent No.2 herein to pay the Compensation of the land admeasuring 143 sq.yds which is part of the RCC roofed CT roofed tin shed roofed house with open space bearing GP No.3-34, 3-35 and 336 (within one boundary) situated at Hyderabad road, WP No.24134 of 2022 ::2::
Madhavnagar, Pangra (B) village and mandal district Nizamabad which is acquired pursuant to the notification and declaration District Gazattee No.08/2020, dated 04.03.2020 and award No B2/4233/201, dated 07.01.2022 as per RFCT Act, 2013.
2. Learned counsel for the petitioner submits that petitioner is the absolute owner and possessor of the said property and respondent No.2 issued notification for acquisition of the petitioner said property for the purpose of ROB at Madhavnagar in lieu of LC No.193 at Railway KM 465/5-6 OF Manmad-
Secunderabad line at 10M 10/0 of Dichapally-Nizamabad road in the limits of Pangra(b), Nizamabad rural and Badripur of Dichpally Mandal District, Nizamabad and further submits that respondent No.2 has valued the petitioner property very less price and not as per the Transparency of Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3. Learned counsel for the petitioner further submits that petitioner filed protest petition under section 64(2) of Fair compensation in Transparency of Land Acquisition, WP No.24134 of 2022 ::3::
Rehabilitation and Resettlement Act, 2013, dated 08.03.2022 and also representation dated 08.03.2022 to respondent No.2, but both the protest petition and representation is pending before the respondent No.2.
4. Learned Assistant Government Pleader for Land Acquisition submits that respondent No.2 have no objection in disposing the protest petition filed under Section 64(2) of Right to Fair compensation in Transparency of Land Acquisition, Rehabilitation and Resettlement Act, 2013, dated 08.03.2022 and also representation, dated 08.03.2022.
5. Taking the above submission of the learned counsel on either side into consideration and without going into the merits of the case, the respondent No.2 is directed to dispose the protest petition filed by petitioner under Section 64(2) of Right to Fair compensation in Transparency of Land Acquisition, Rehabilitation and Resettlement Act, 2013, dated 08.03.2022 and also petitioner representation, dated 08.03.2022, as expeditious as possible within a period four (4) weeks from the date of WP No.24134 of 2022 ::4::
receipt of a copy of this order and pass appropriate orders in accordance to law.
6. Accordingly, Writ Petition is disposed of. Miscellaneous applications, if any pending, shall stand closed.
____________________________ N.V.SHRAVAN KUMAR,J 13.06.2022 SHA