Telangana High Court
WP/6744/2005 of Bollavaram Yellaiah, Vs A.P. TRANSCO, rep. by its Chairman-cum- on 26 December 2007
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6744 of 2005 DATED: 26.12.2007 Between: Bollavaram Yellaiah and another petitioner And APTRANSCO Rep by its Chairman cum Managing Director, Vidyut Soudha, Somajiguda, Hyderabad and ors
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO :6744 of2005
Between:
DATED: 26.12.2007
Bollavaram Yellaiah and another petitioner
And
APTRANSCORep by its Chairman cum Managing Director,Vidyut Soudha, Somajiguda, Hyderabad and ors Respondents
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 6744 of2005
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ORAL ORDER:
This writ petition is filed questioning the action of therespondents in acquiring the land of the petitioners admeasuringAc.1.50 cents in Survey No. 105/B1, 105/B2A and 105/B2B ,Munagamanu Chenu of Tangadancha village, Jupadu Bunglowmandal, Kurnool district for the purpose of installation of 33/11 KVelectrical sub station, without initiating the Land Acquisitionproceedings and without following the due process of law, as illegaland arbitrary.
The petitioner claims to be absolute owner of the agriculturalland in Survey Nos. 105/B1 admeasuring Ac.3.90 cents, survey No.105/B2B admeasuring Ac.3.27 and survey No. 105/B2A admeasuringAc.3.00 centa of Tangadancha village, Jupadi mandal, Kurnool districtand alleges that out of the said land the respondent company withoutinitiating Land Acquisition proceedings and without paying anycompensation, has acquired land to an extent of Ac.1.50 cents forconstruction of sub station vide letter dated 21.3.1987. Hence, thepresent writ petition.
A counter affidavit is filed stating that though the land acquisitionproceedings were not initiated, the subject land was acquired afternegotiations and with the consent of the petitioner and that thepetitioner has agreed to receive the compensation that may be fixedby the revenue authorities. It is further stated that the petitioner has toexecute a regular sale deed in favour of the respondent institution andunless such sale deed is executed, the compensation cannot be paid.
However, when the matter is taken up on 11.12.2007, learnedcounsel appearing for the respondents sought two weeks time to settlethe matter by negotiations with the petitioners and thereafter a memodated 26.12.2007 was filed on behalf of respondents 2 and 3proposing to pay an amount of Rs.2,00,000/- towards cost of land, interest from 21.3.87 to 21.12.2007, cost of litigation expenses anddamages.
Today when the matter is taken up, learned counsel forpetitioners accepted the proposal put forth by the respondents 2 and 3vide memo dated 26.12.2007 and prayed that the respondents may bedirected to pay the agreed amount of Rs.2,00,000/- expeditiously. Heard the learned counsel for petitioners and learned standingcounsel for respondents.
Having regard to the agreed stand taken by both the counsel, I deem it appropriate to dispose of the writ petition directing therespondents to pay the agreed amount of Rs.2,00,000/- in terms ofmemo dated 26.12.2006 to the petitioners, within a period of twoweeks from the date of receipt of copy of this order. On receipt of theamount of Rs.2,00,000/- the petitioners shall execute the sale deed infavour of respondent-institution as required under the law, in respect ofland admeasuring Ac.1.50 cents in Survey No. 105/B1, 105/B2A and105/B2B , Munagamanu Chenu of Tangadancha village, JupaduBunglow mandal, Kurnool district, acquired for the purpose ofconstruction of substation.
Accordingly, the writ petition is disposed of. No costs.
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N.V.RAMANA,J
DATED: 26.12.2007TVK
WRIT PETITION NO :6744 of2005
DATED: 26.12.2007