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Judgment
This Writ Petition is filed to declare the action of respondents in taking possession of petitioner's land admeasuring 413 square yards in Sy.No.54 and 605 square yards in Sy.No.43, both situated at Kandlakoi Village, Medchal Mandal, Medchal-Malkajgiri District, for formation of Outer Ring Road (ORR) without paying any compensation, as illegal and arbitrary.
Heard Sri L. Ravichander, learned Senior Counsel appearing for Sri Mayur Mundra, learned Counsel for the petitioner, and learned Government Pleader for Municipal Administration & Urban Development appearing for respondent No.1 and Sri Y. Ramarao, learned Standing Counsel appearing for respondent Nos.2 to 4.
Petitioner contends that he is the owner of three plots bearing Nos.105, 106 and 107 in Sy.No.54 admeasuring 439 square yards and also 605 square yards in Sy.No.43, respectively, totalling to 1018 square yards; that the respondents have taken possession of the aforesaid land for formation of ORR without following due process of law and without paying any compensation therefore; and that the said action of respondent is in violation of Articles 14, 19, 21 and Article 300-A of the Constitution of India.
Counter-affidavit on behalf of respondent Nos.2 to 4 is filed.
Sri Y. Rama Rao, learned Standing Counsel appearing for respondents, while admitting to the fact of respondents having taken possession of the land of the petitioner in Sy.Nos.54 and 43, would however dispute the extent of land, taken possession by the respondents for the purpose of formation of ORR. By drawing the attention of this Court to the communication titled as Memo dated 01.04.2014, addressed by the 4th respondent to the petitioner, the learned Standing Counsel would contend that the total extent of land of the petitioner affected in ORR is only 934 square yards in both the survey numbers, viz., Ac.0.05 gts in Sy.No.43 and 329 square yards in plot Nos.105, 106 and 107 in Sy.No.54, and not 1018 square yards as being claimed.
Learned Standing Counsel, on the basis of the counter-affidavit, would further admit to the fact of lands of the petitioner not being included in the Award passed by respondents whereunder various extents of land for formation of ORR have been acquired during the year 2008 and 2009.
The said fact of the petitioner's land being taken over by the respondents and the same being not covered under the Award is admitted by the respondents in para 3 of the counter-affidavit and also in reply to paras 10 and 15 to 24 of the writ averments, of the counter-affidavit filed on behalf of respondent Nos.2 to 4.
Since the respondents admit to the fact of taking possession of the petitioner's land, without initiating proceedings for acquiring the said land by following due process of law, the petitioner being dispossessed from his land without payment of compensation, the action of the respondents is in violation of Article 300-A of the Constitution of India and the same cannot be countenanced.
In similar circumstances, this Court in W.P. No.28539 of 2016, dated 28.10.2016, wherein the possession of the land was taken over by the authorities without initiating land acquisition proceedings or payment of compensation, held that the action of the respondents to be illegal. Further, this Court by referring to the Larger Bench judgment of this Court in LAO-cum-Revenue Divisional Officer v. Mekala Pandu 2004 (2) ALD 451 (LB) also held that the persons, who are deprived of their land, by virtue of the same being taken possession by the respondents without initiating land acquisition proceedings, are entitled to receive the compensation and the non-payment of compensation clause infringes the fundamental rights guaranteed under Articles 14 and 31-A of the Constitution of India. Having held so, this Court, in the above said judgment, directed the respondents therein to initiate land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and pay compensation in accordance with law.
The learned Standing Counsel would further submit that, in respect of lands acquired under Awards passed in the year 2008 and 2009, in order to give quietus to the challenge, the respondents have agreed to pay a sum of Rs.75 lakhs per acre for road facing properties and Rs.42 lakhs per acre for other lands as compensation and offered to pay to the petitioner compensation at the same rate proportion to the extent of land of 934 square yards, without there being any need for initiation of proceedings under Act 30 of 2013.
The learned Senior Counsel appearing for the petitioner refused to accept the said offer, inasmuch as the said offer made was in relation to awards passed in the year 2008 and 2009 under the Land Acquisition Act, 1894, and the respondents cannot absolve themselves of initiating proceedings under Act 30 of 2013, having failed to do so earlier.
In the facts of the present case, since the respondents admit to the fact of taking possession of the petitioner's land to an extent of 934 square yards without acquiring the same and the said extent of land being not covered by the Awards passed in respect of various extents of land acquired for the formation of ORR earlier, the respondents cannot be permitted to take shelter under the order of the Hon'ble Supreme Court to pay compensation as determined under the said Award to the petitioner. The respondents, having dispossessed the petitioner from his land without following due process of law, have compelled him to approach this Court for enforcement of his rights invoking the jurisdiction under Article 226 of the Constitution of India.
It is also for the reason that the petitioner did not have the opportunity to file his objections apart from the respondents conducting any survey to note the existence of any trees, structures and other development undertaken therein as being contended by the petitioner. Therefore, the respondents are required to initiate land acquisition proceedings under Act 30 of 2013.
Thus, the offer made today by the learned Standing Counsel to pay compensation as per the rate fixed by the Hon'ble Supreme Court in C.A.No.6451 of 2016 filed against the order of Division Bench in respect of lands which were acquired for formation of ORR on the basis of award passed therefor cannot be accepted.
Though there is a dispute with regard to the extent of land which the petitioner claims as having been dispossessed, while the respondents admit to an extent of 934 square yards only, the learned Senior Counsel appearing for the petitioner fairly concedes that his client would agree, if the land acquisition proceedings are initiated in respect of 934 square yards as mentioned in Memo dated 01.04.2014 and compensation is paid expeditiously.
In view of the above, the respondents are hereby directed to initiate land acquisition proceedings under the Act 30 of 2013 and determine the compensation payable in respect of 934 square yards of land of the petitioner covered by Sy.Nos.43 and 54 in accordance with law and make payment thereof to the petitioner. Since the petitioner has been dispossessed from the land by the respondents without following due process of law, the respondents shall endeavour to complete the entire process of passing an Award for acquiring the said land of the petitioner to the extent of 934 square yards and make payment as determined, within a period of three (3) months from today.
Subject to the above direction, the Writ Petition is allowed. No costs.
As a sequel thereto, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs.