K VIJAYAKUMAR Vs. SPECIAL DEPUTY COLLECTOR LA MCH

JUDGEMENT

(1.) The petitioner is the owner of the premises bearing No. 3-4-686/3, situated at Narayanguda, Hyderabad. He purchased the same under a registered sale deed dated 28-6-1991 from one Abdul Kareem. The Municipal Corporation of Hyderabad proposed to widen the road from Narayanguda crossroads to Bagh Lingampally cross roads. The property of the petitioner to an extent of 10.76 sq.yards was affected by the road widening.

(2.) The respondents issued Notification under Section 4(1) of the Land Acquisition Act, proposing to acquire the affected area. However, the door number of the property was described as 3-4-686/1 instead of 3-4-686/3.The petitioner and his neighbour filed W.P.No.12247/99 challenging the land acquisition proceedings. The writ petition was disposed of with certain directions. Thereafter the possession of the petitioner was taken.

(3.) On 10-6-1999, the petitioner got issued a notice to the respondents pointing out the discrepancies as to the municipal number of the property. Even in W.P.No.12247/99, this aspect was pointed out. It is stated that during the course of award enquiry also the petitioner has brought to the notice of the respondents the discrepancy as to description of the property and in support of his contention he has also filed a copy of the sale deed. Despite the same, an award was passed fixing the payment at the property at Rs.66,337.00, without correcting the house number. On the ground that there was discrepancy as to the description of the property, the 1st respondent referred the matter to the Civil Court under Section 30 of the Land Acquisition Act (for short 'the Act') and the same was taken up as OP.43/99.