WP/22843/2024 of Savanapelli Devadas Vs The State of Telangana, on 31 December 2024

ORDER:

Heard learned counselfor the [petitioner, ]learned [Assistant]Government Pleader [attached]to the office of the [learned ][Advocate]General appearing on [behalf ][of ][respondents ][and perused ][the ][record.]

2. The [present ]Writ Petition [is ][filed ][to ][declare ][the ][action ][of the ][4th]respondent in not considering the [petitioner's ][representation]dt.11.08.2023 for [payment ]of [compensation ][for the ][land ][in ][Sy.No.164]admeasuring Ac.1.16 [guntas situated ][at ][Bonala ][Village, Siricilla ][Mandal,]Rajanna-Siricilla District, acquired [for ][the ][purpose ][of ][Kaleswaram ][Project,]as being illegal, arbitrary and unconstitutional [and ][against ][the ][principles ][of]natural [justice ]and also the [provisions ][of ][the ][Right ][to ][Fair ][Compensation]and Transparency in Land [Acquisition, Rehabilitation ][& ][Resettlement ][Act,]2013 (for short,'the Act').

3. Today, when the Writ Petition [is ][taken ][up ][for ][hearing, ][learned]Assistant Government Pleader attached to [the ][olfice ][of ][the ][Advocate]General has [placed ]before this Court the [written ][instructions]dt.16.12.2024 under the signature of the [3'd ][respondent.]

4. By the written instructions, it is [stated ][that ][the ][preliminary]notification was approved by the Collector, [Rajanna-Sircilla, ][on ][05.02.2018]

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and thereafter, a preliminary declaration was also approved by theCollector, vide proceedings dt.13.12.2021 and compensation to the totalextent has been paid to the eligible awardees, except in relation to landadmeasurinq Acs.2.05 guntas.

5. By the written instructions, it is also stated that the subject landbeing claimed by the petitioner admeasuring Ac.1.16 guntas forms part ofthe aforesaid balance extent of Acs.2.05 guntas and the acquisitionproceedings while were at award enquiry stage, the preliminarydeclaration had lapsed.

6. Learned Assistant Government [pleader ]would further submit thatsince no extension has been obtained in respect of the preliminarydeclaration, the claim of the petitioner of the respondents-authorities notconsidering his representation dt.11.08.2023 would not arise, inasmuch asthe land acquisition proceeding to an extent of Acs.2.05 guntas, whichwere initiated by issuing preliminary notification dt.05.02.2018, stoodlapsed by virtue of operation of provisions of the Act.

7. The aforesaid written instructions are placed on record of thisCourt.

B. I have taken note oF the respective contentions urged.

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9. Having regard to the submissions made as above, and taking noteof the fact that the land acquisition proceeding to an extent ofAcs.2.05 guntas initiated vide preliminary notification dt.05.02.2018 standlapsed, this Couft is of the view that the grievance of the petitioner of therespondents-authorities not considering his representation for payment ofcompensation need not be gone into as the petitioner's lands standsoutside of acquisition and thus, no further orders are necessary in thepresent Writ Petition.

10. Accordingly, the Writ Petition is closed. No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed SD/.K. AMMAJI

ASSISTANT [REGISTRAR]

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HIGH COURT

DATED:31 11212024

1t.5T74:Y[*]ORDERvl] / l:i til25otJWP.No.22843 of 2024i.dT(, CLOSING THE WRIT PETITION WITHOUTCOSTS

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