(1.) The petitioners are the owners of about Ac.1.00 of land in T.S.Nos.11, 12, 13/2, 13/3 and 14/2 of Lingampally Revenue Village, Himayathnagar Mandal, Hyderabad. It abuts a nala running from Hussain sagar to Moosi. The then Municipal Corporation of Hyderabad initiated steps to widen the nala. The land of the petitioners to a substantial extent viz., 3500 sq. yards was going to be affected. Complaining that they are sought to be dispossessed by the Corporation without initiating proceedings under the Land Acquisition Act, 1894 (for short 'the Act'), the petitioners filed O.S.1229 of 1994 in the Court of II Junior Civil Judge, City Civil Court, Hyderabad. The said suit was decreed on 31.12.1998. A notification under Section 4(1) of the Act dated 10.09.2007 was published by the District Collector, Hyderabad, the second respondent herein. This was followed by publication of declaration under Section 6 of the Act on 02.03.1998. The petitioners did not challenge the proceedings under the Act i.e., notification and the declaration under Sections 4(1) and 6 respectively of the Act. The award was passed on 27.02.2009 determining the compensation payable to the petitioners at Rs. 4,33,197/-. The petitioners challenge the award on two grounds.
(2.) The first ground urged by the petitioners is that the Special Deputy Collector, the third respondent herein, was not conferred with the powers of the Land Acquisition Officer i.e., Collector and the award passed by him is without jurisdiction. Reference is made to G.O.Ms.No. 537 dated 26.05.2009, through which the Special Deputy Collector was conferred with the power to pass awards and to discharge the functions of Collector. The other ground urged by the petitioners is that the third respondent acted in a patently illegal and capricious manner. It is stated that the same officer prepared a provisional value statement determining the compensation at Rs. 5,57,62,498/- for the land of the petitioners and for extraneous and oblivious reasons, he has drastically reduced the compensation to Rs. 4,33,197/- by preparing another statement. It is also stated that the minimum compensation awarded by the same officer, for the land abutting the nala was Rs. 9,900/- per sq. yard, whereas in the instant case, the compensation does not work out even at Rs. 100/- per sq. yard.
(3.) No counter affidavit is filed on behalf of the respondents.