Telangana High Court
Bonkuri Prabhakar vs The State Of Telangana on 29 November, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
W.P.No.33578 of 2024
O R D E R:
Heard learned counsel for the petitioners, learned Government Pleader for Land Acquisition appearing for respondents and perused the record.
2. The case of the petitioners, in brief, is that they are owners and possessors of small extents of land and plots in survey No.569 of Peddapalli Shivar of Peddapalli Town and District; and that the respondents-authorities are undertaking construction work of Road Over Bridge over the railway line between Kazipet-Balharsha section on Peddapalli-Kalvasrirampur Road at KM ½ in Peddapalli without acquiring the land of the petitioners in survey No.569, even though said work undertaken by the respondents-authorities is affecting the land of the petitioners in survey No.569.
3. Petitioners further contend that the respondents-authorities while issuing preliminary notification, dt.21.02.2024, notifying various extents of lands that are required for undertaking the aforesaid work, did not include their land in survey No.569, even after the same was brought to the notice of the respondents- authorities by submitting representations, dt.26.02.2024, 2 dt.30.03.2024 and dt.23.09.2024, which action it is contended to be highly illegal and arbitrary.
4. Per contra, learned Government pleader appearing on behalf of the respondents submits that the authorities while issuing preliminary notification, dt.21.02.2024, had sought to acquire the land in survey Nos.565 to 570 excluding land in Sy.No.569 and land in other survey numbers, basing on the line alignment prepared, and since, no part of the land of the petitioners in survey No.569 was getting affected by the aforesaid construction of Road Over Bridge, the authorities did not include the same in the notification issued for acquisition.
5. Learned Government Pleader further contends that since, the land in survey No.569 is no way getting affected by virtue of the construction of Road Over Bridge, the authorities did not take any steps for acquiring the land by considering the representations submitted by the petitioners.
6. I have taken note of the respective submissions made.
7. Since, the respondents while issuing preliminary notification, dt.21.02.2024, have specifically excluded the land in survey No.569 of Peddapalli Shivar of Peddapalli town and District, for construction of Road Over Bridge in lieu of LC No.39 at Railway KM 3 292/22-24 of Kazipet-Balharsha Section on Peddapapalli- Kalvasrirampur Road at KM ½ in Peddapalli, this Court is of the view that the respondents-authorities shall not interfere with the land of the petitioners in survey No.569 of Peddapalli Shivar of Peddapalli town and District. In the event of the respondents- authorities undertaking any construction work of Road Over Bridge in the land of the petitioners in survey No.569, it is incumbent on the part of the respondents-authorities to initiate steps for acquiring the said land before proceeding further with the construction.
8. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.
9. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
_____________________ T. VINOD KUMAR, J 29th November, 2024.
gra 4 THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No.33578 of 2024 Dt.29.11.2024 gra