IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO : 13834 of 2009 Between: T.Raja Suresh s/o. T.Swamy R/o. 17-2-504, Kurmaguda, Saidabad, hyderabad. ..... PETITIONER AND 1 The Govt. of A.P., rep., by Principal Secretary, Secretariat Buildings, hyderabad. 2 The District Collector, Hyderbaad. 3 Special Deputy Collector ( LA ) GHMC, Hyderabad 6th Floor, Municipal complex, Tank Bund. Hyderabad. 4 GHMC, Rep. by its Commissioenr, Burugula Ramakrishna Rao Bhavan, Tank bund, hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ of Madamus declaring the in action of the respondents in not paying the compensation for the land acquired for the purpose of road winding of an extent of 100.80 Sq. yards in House bearing No. 17-2-504 for the land acquired in proceedings No. A/1051 of 2008, dated 03.03.2009 situated at T.S.No. Ward No. and block No. 182/3/170/L under form 7 as illegal, arbitrary, unconstitutional and consequently direct the respondents to pay the admitted compensation for the land acquired in proceedings No. A/1051 of 2008, dated 03.03.2009 situated at T.S. Ward No. and block No. 182/3/170/L under form 7 and be pleased to pass Counsel for the Petitioner:SRI.SUNIL GAWASANE Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : ORDER:- This Court ordered notice before admission on 13-7-2009. 2. 3rd respondent filed counter affidavit. 3. Heard Sri Sunil Gawasane, the learned Counsel representing the writ petitioner, the learned A.G.P. for Land Acquisition and Sri Radhakrishna Reddy, the Counsel representing respondents. 4. This writ petition is filed for a Writ of Mandamus declaring the inaction of the respondents in not paying the compensation for the land acquired for the purpose of road widening of an extent of 100.80 Sq.Yds. in House bearing No.17-2-506 for the land acquired in proceedings No.A/1051 of 2008, dt.3-3-2009 situated at T.S.No.Ward No. and Block No.182/3/170/L under form 7 as illegal, arbitrary, unconstitutional and consequently direct the respondents to pay the admitted compensation for the land acquired in proceedings No.A/1051 of 2008, dt.3-3-2009, situated at T.S.No.Ward No. and Block No.182/3/170/L under form 7 and to pass such other suitable orders. 5. It is stated that the petitioner is the owner and possessor of the property situated at House bearing No.17-2-506, Kurmaguda, Saidabad, Hyderabad in T.S.No.Ward No. and Block No.182/3/170/L. Further it is stated that the said land was acquired for the purpose of road widening from Chenchalguda Junction to Madannapeta graveyard via Saidabad ACP Office in accordance with a notification under Section 4(1) of the Land Acquisition Act and the same was published in the Andhra Pradesh Gazette Extraordinary after completing all procedure established under the existing Rules a form 7 was issued on 3-3-2009 directing all the persons interested in the land to appear on 20-3-2009 before the 3rd respondent. Further it is stated that petitioner’s name was shown in Sl.No.34 of Form 7 issued by the 3rd respondent. Accordingly, the petitioner had submitted all relevant documents and claim statement on 20-3-2009 and the same was acknowledged by the 3rd respondent Office. It is also stated that inspite of petitioner’s claim statement as directed by the 3rd respondent, the respondent had not settled his claim, left with no option, the petitioner filed the present writ petition. 6. In the counter affidavit filed by the 2nd respondent, it is stated that the Assistant City Planner, Circle IV, GHMC, Lr.No.421/ACP/C.4/RW/GHMC/2008-253, dt.11-8-2008, sent proposal for acquisition of the premises bearing No.17-52-506, 103.46 Sq.Yards for the purpose of widening of Road from Chanchalguda Junction to Madannapet Graveyard (via) Saidabad, situated at Saidabad village and Mandal of Hyderabad District. On receipt of requisition, L.A. Proposals have been initiated. The Draft Notification proposals was sent to the District Collector, Hyderabad for its approval. The District Collector approved the Draft Notification on 18-8-2008 and the same was got published in local newspapers – Sakshi on 24-8-2008, The Hindu on 23- 8-2008, Substance on 25-8-2008 and Hyderabad District Gazette No.96 dt.19-8-2006. It is further stated that notice under Section 5-A of the Land Acquisition Act has been issued to all the interested persons including petitioner calling objections fixing the date on 30-9-2008. In response to the objection petitions filed by the interested persons including petitioner have been examined and concluded by the District Collector, Hyderabad. It is also stated that the Draft Declaration was published in the Hyderabad District Gazette and newspapers on the dates mentioned against each as shown hereunder:- 1. Hyderabad District Gazette No.17 2-3-2009 2. Saakshi (Telugu) 3-3-2009 3. Indian Express (English) 4-3-2009 4. Substance 7-3-2009 In answer to the averments made in paragraph 2 it is stated that the Assistant City Planner, Circle IV, GHMC, has placed requisition vide reference No.421/ACP/C.4/RW/GHMC/2008-253, dt.11-8-2008, for acquisition of premises Nos. for road widening from Chanchalguda Junction to Madannapet Graveyard (via) Saidabad, ACP. Office. Sl.No. Pr.No. Ext. in Sq.Yds. 1. 17-2-601 to 604 99.93 2. 17-2-605/1 23.96 3. 17-2-626/9 37.71 4. 17-2-626/8 74.22 5. 17-2-626/4 71.49 6. 17-2-626/A 83.60 7. 17-2-626/2 90.28 8. 17-2-626/1/A 35.10 9. 17-2-626 71.29 10. 17-2-595/4/1.2 38.86 11. 17-2-595/4/4 41.48 38.20 12. 17-2-595/2/1 32.10 13. 17-2-594 46.55 14. 17-2-595 70.27 15. 17-2-594/7 96.65 16. 17-2-594/B 150.22 17. 17-2-586 97.35 18. 17-2-585 60.93 19. 17-2-556 78.37 20. 17-2-553 91.89 21. 17-2-550/1 to 3 94.36 22. 17-2-548 103.14 23. 17-2-546 & 546/1 34.70 24. 17-2-545/1 36.36 25. 17-2-544 36.34 26. 17-2-543/4 29.67 27. 17-2-543/2 25.27 28. 17-2-543/A 25.66 29. 17-2-543/1 26.46 30. 17-2-543 26.46 31. 17-2-539 to 546 58.14 32. 17-2-538 99.59 33. 17-2-532 23.66 34. 17-2-506 100.80 Accordingly, Draft Notification under Section 4(1) of the Land Acquisition Act has been approved vide Collector, Hyderabad Proc.No.A/1051/2008, dt.18-8-2008 and published on 23-8-2008 in the local newspapers in English – The Hindu on 24-8-2008 and in Sakshi Telugu, Hyderabad District, Gazette No.96, dt.19-8-2008. After publication of Draft Notification notices as required under Section 5-A of the Land Acquisition Act was issued in Form-3 vide Spl.Dy.Collector, LA, vide reference No.A/1051/2008, dt.27-8-2008, while fixing date on 30-9-2008 for filing objections and same notices were served on 8-9-2008 to Sri Raja Suresh, in respect of premises No. 17-2-506. It is also stated that the petitioner stating that the house bearing No. 17-2-504, Kurumaguda, Saidabad, Hyderabad, in TS.No.182/3, Block-170, Ward-L, was acquired and notified is being denied. It is also further stated that as per requisition only premises No. 17-2-506, for an extent of 100.8 sq.yds., has been notified in the name of petitioner but not for Pr.No.17-2-504. In answer to the averments made in paragraph 3, it is stated that the Assistant City Planner, Circle IV, GHMC, has sent requisition keeping in view of the Road Development Plan of Hyderabad, Metropolitan city. Therefore, the present Land Acquisition is compulsorily needed in the larger interest of the General Public. In answer to the averments made in para 4, it is stated that as per the S.D.Record attested by the Dy.Inspector of Survey, the Draft Declaration under Section 6 of the Land Acquisition Act, has been approved vide Hyderabad District, Collector, Proc.No.A/1051/2008, dt.26-2-2009 after disposal of 5-A enquiries by the Collector, Hyderabad. Further it is stated that the premises No.17-2-504 for which they had not received any requisition from the requisition department and as such the said property is not coming under acquisition. Hence, payment of Land compensation in respect of premises No.17-2-504 does not arise. In answer to the averments made in paragraph 5, it is stated that notices in form-7 were issued to all the interested persons for award enquiry on 20- 3-2009 before the Land Acquisition Officer, which clearly shows the premises bearing No.17-2-506 an extent of 100.80 sq.yds., notified under acquisition and to file claims of interest over the properties coming under acquisition vide reference No.A/1051/2008, dt.3-3-2009 accordingly the notices were served on the individuals. Further it is stated that in response to the above notice, the writ petitioner had attended the Award enquiry on 28-3-2009 and filed claim petition, further requested time for filing English version translation copy. The writ petitioner accordingly filed English version translation copy on 26-3-2009. It is also stated that the Joint Collector, Hyderabad had approved the P.V. vide reference No.A/1051/2008, dt.8-5-2009. Now the file is at Award stage. Certain further particulars also had been specified in the counter affidavit. 7. In the light of the respective stands taken by the parties as aforesaid, let the further proceedings be completed at an early date in accordance with law. 8. With the above observation, the writ petition is disposed of. No order as to costs. ______________________ Justice P.S.Narayana 18TH August, 2009 smr