IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 5335 of 2008 Between: 1 Harish Kasuganti S/o. K. Muralidhara Rao R/o. 406, Redbarn Richardson Texas 75082, USA. Rep. by his GPA, B. Madhava Rao, S/o. B. Tirumal Rao, 59 Yrs, Occ: Retd. Govt. Servant, R/o. Plot No.108, H.No.8, RK Enclave, Jyothi Colony, AOC, Secunderabad 500015. 2 Neetha Kasuganti D/o. B. Madhava Rao, R/o. 406, Redbarn Richardson Texas 75082, USA. Rep. by his GPA, B. Madhava Rao, S/o. B. Tirumal Rao, 59 Yrs, Occ: Retd. Govt. Servant, R/o. Plot No.108, H.No.8, RK Enclave, Jyothi Colony, AOC, Secunderabad 500015. ..... PETITIONER(S) AND 1 The Land Acquisition Officer & Special Deputy Collector (L.A.), Unit-I, ORR, HUDA, Hyderabad. 2 The Project Director, ORR, HUDA, 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 a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not fixing the market value on par with neighbouring land owners in terms of G.O.Ms.No.14, to the property bearing No.136 admeasuring 500 sq. yards and plot No.137 admeasuring 500 sq. yards in survey No.91, 92, 93, 94, 96 and 99 situated at Ootpally village and gram panchayat of Shamshabad Mandal, R.R. District as arbitrary, illegal and violative of principles of natural justice and consequently direct the respondents to give alternative land in any HUDA approved layouts as per G.O.Ms.No.14 and pass such other order or orders Counsel for the Petitioner:SMT.D.PRAMADA Counsel for the Respondent No.: Y.RAVINDRA(SC FOR HUDA,OUTER RING ROADA) The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5335 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in not fixing market value on par with neighouring land owners in terms of G.O.Ms.No.14 to the Plot bearing No.136 admeasuring 500 sq.yards and Plot No.137 admeasuring 500 sq.yards in Sy.Nos.91, 92, 93, 94, 96 and 99 situated at Ootpally village and gram panchayat, Shamshabad mandal, Ranga Reddy district as arbitrary and illegal and consequently to direct the respondents to provide alternate land in any HUDA approved layout as per G.O.Ms.No.14 dated 28.12.2006. According to the petitioners, they are owners of Plot Nos.136 and 137 admeasuring 500 sq.yards each in Sy.Nos.91, 92, 93, 94, 96 and 99 situated at Ootpally village and gram panchayat, Shamshabad mandal, Ranga Reddy district having purchased the same for a valuable consideration vide registered document bearing No.4812 of 2005 dated 6.5.2005 registered with Sub-Registrar’s office, Shamshabad, R.R. district. The learned counsel for petitioners submits that the petitioners have purchased the subject property much prior to the contemplation of laying Outer Ring Road by the Government. Oral agreements were entered into as early as in the year 2001 and various amounts were paid from that period onwards. The learned counsel placed before the Court various receipts to show that an amount of Rs.58,500/- was paid on 27.12.2001 and further an amount of Rs.1,00,000/- was paid on 23.4.2005 and also Rs.1,00,000/- was paid on 6.5.2005. It appears that the names of previous owners were reflected in the notification issued under Section 4(1) of the Land Acquisition Act, 1894 and the petitioners were never expressed any objection for the same, but however, claimed compensation/package in terms of G.O.Ms.No.14 dated 28.12.2005 as per their registered sale deeds. Whereas the learned counsel appearing for respondents strenuously contended that may be petitioners are entitled for compensation in general, but they are not entitled for the scheme evolved under G.O.Ms.No.14 dated 28.12.2006, as their sale deeds were registered after issuance of 4(1) notification. He further stated that the G.O. was issued only for the benefit of those who are owners as on the date of issuance of 4(1) notification, and the same cannot be extended to the petitioners as they were not owners as on that date. I am of the view that this approach made by the respondents is pedantic one. The material placed before the Court shows that the petitioners had been paying amounts right from 27.12.2001 for purchase of subject property, by then the land was already made into house plots by the Developers. Under those circumstances, I am of the opinion that the stand taken by the respondents that G.O.Ms.No.14 dated 28.12.2006 has no application to the case of petitioners since the land was not registered in their names as on the date of issuance of 4(1) notification is not correct. This is not a case where petitioners deliberately purchased the property after issuance of 4(1) notification for the purpose of claiming compensation. The documentary evidence placed before the Court would clearly show that the petitioners were in the process of purchasing the subject property right from 27.12.2001 onwards and ultimately after paying last instalment, the land was registered in their favour. Under those circumstances, the denial of extension of benefits under G.O.Ms.No.14 dated 28.12.2006 to the petitioners cannot be countenanced. For all the above reasons, the respondents are directed to extend the benefits of G.O.Ms.No.14 dated 28.12.2006 to the petitioners in view of acquisition of their Plot No.136 admeasuring 500 sq.yards and Plot No.137 admeasuring 500 sq.yards in Sy.Nos.91, 92, 93, 94, 96 and 99 situated at Ootpally village and gram panchayat, Shamshabad mandal, Ranga Reddy district and pass appropriate orders, as per law, within a period of three weeks from the date of receipt of this order and communicate the same to the petitioners. Accordingly, the writ petition is allowed. No order as to costs. _____________ C.V.RAMULU, J Date: 25.2.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.5335 of 2008 25.2.2009