J YADAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The family of the ancestors of the petitioners own an extent of Acs.3.37 guntas of land in Survey Nos.551 and 552 of Uppal Bagath, Uppal Mandal, Ranga Reddy District. In the partition, the branch of the petitioners got an extent of Ac.0.39 guntas towards one-fourth share. The land is within the urban agglomeration of Hyderabad. Declarations were submitted under Section 6 of the Urban Land (Ceiling & Regulation) Act, 1976 (for short 'the Act') by the respective branches. The declarations submitted by the petitioners were numbered as G2/8954/76 and G2/73/77. While the declarations submitted by the other branches were processed and some extents were declared as being in excess, of ceiling limits, those filed by the petitioners did not cross the stage of Section 8 (3), before the Act came to be repealed.

(2.) The land of the petitioners along with that of many others was proposed to be acquired by Hyderabad Metropolitan Development Authority, respondent No.2 herein, for Musi River Conservation. Notifications issued under Section 4 (1) of the Land Acquisition Act, 1894 were challenged by the petitioners and others by filing writ petitions. At that stage, the Government issued G.O.Ms.No.36, dated 22.01.2011, offering to give a developed plot of 1000 square yards for each acre of acquired land towards compensation. The petitioners agreed for that and have withdrawn the writ petition. Proceedings initiated under the Land Acquisition Act, 1894 became final and their land vested in respondent No.2.

(3.) When the petitioners submitted a representation for handing over the developed plot of 975 square yards in lieu of Ac.0.39 guntas of their land, respondent No.2 informed the petitioners that the land held by them vested in the Government as excess under the Act and that they are not entitled to any compensation. Hence, this writ petition.