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Judgment
Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition representing learned Advocate General appearing for the respondents. With the consent of learned counsel on either side, these writ petitions are disposed of by this common order, as the property which is the subject matter of both the writ petitions is one and the same.
W.P.No.23941 of 2019 is filed questioning the award passed by respondent No.4 in proceedings No.D1/600/2017, dated 7.09.2019, insofar the land admeasuring Ac.1.02½ guntas in Survey No.328/E/16 situated at Mutrajupally Village, Gajwel Nagara Panchayat, Gajwel Mandal, Siddipet District, on various grounds, including the ground that the declaration under Section 19(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short Act, 2013) was published beyond the period of time prescribed and on various other grounds including on the manner in which calculation arrived at for payment of compensation for which the petitioner is entitled to.
After hearing the matter for a considerable time and taking into consideration the totality of the circumstances and also the urgency pleaded by the respondents, on the ground that 98% of the Project is already completed and only a small part of land is left out and is stalled, the Court suggested for an amicable resolution of the matter and pursuant thereto, respondent No.4 has agreed to pay the compensation taking the market value at Rs.14,70,000/- per acre with all other benefits provided under the Act, 2013 in respect of the petitioner’s land.
However, learned counsel for the petitioner submitted that the petitioner is entitled to payment of compensation by calculating the same on square yard basis and entitled for compensation at Rs.2,100/- per sq. yard.
However, on the suggestion made by this Court, learned counsel for the petitioner agreed for referring the issue relating to the entitlement of payment of enhanced compensation to the petitioner on square yard basis to the Land Acquisition, Rehabilitation and Resettlement Authority under Section 64 of the Act, 2013 and accepted for receiving the compensation by taking the market value at Rs.14,70,000/- per acre, as offered by the respondent No.4.
In the light of the above, W.P.No.23941 of 2019 is disposed of with the following directions and the learned counsel on either side consented for the same.
(i) The petitioner shall be paid compensation at Rs.14,70,000/- per acre in respect of land admeasuring Ac.1.02½ guntas in Survey No.328/E/16 situated at Mutrajupally Village, Gajwel Nagara Panchayat, Gajwel Mandal, Siddipet District, together with the benefits provided under the Act, 2013 within a period of four (4) weeks from the date of receipt of a copy of this order.
(ii) The respondents are entitled to take further steps pursuant to the Impugned Award, dated 07.09.2019, and possession of the subject property immediately on payment of compensation, as directed hereinabove.
(iii) The issue relating to the entitlement of petitioner for payment of compensation over and above the amount paid under the above direction in respect of the subject land shall be referred to the Land Acquisition, Rehabilitation and Resettlement Authority under Section 64 of the Act, 2013, within a period of six (6) weeks from the date of receipt of a copy of this order and the petitioner is at liberty to make her claim for payment of such enhanced compensation and the same shall be decided by the said authority in accordance with law.
In view of the orders passed in W.P.No.23941 of 2019, no orders need be passed in W.P.No.17520 of 2019. Accordingly, this writ petition is closed.
Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed. There shall be no order as to costs.