ST. GABRIELS HIGH SCHOOL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present writ petition is filed seeking to declare the action of the respondents in demolishing the compound wall of the petitioner School on 01.10.2020 to an extent of Acs.0.27 guntas in Survey Nos.139, 140 and 141 of Somidi Village, Kazipet Mandal, Warangal Urban District, as illegal and arbitrary and consequently to direct the respondents not to enter into the lands of the petitioner School.

(2.) The case of the petitioner - St. Gabriel's High School, in brief, is that it was established in the year 1955 by the Brothers of St.Grabriel Educational Society (in short 'Society') for the purpose of imparting education to the students. The Society is the owner of the lands, admeasuring Acs.40.70 guntas in Survey Nos.139, 140 and 141 of Somidi Village, Kazipet Mandal, Warangal Urban District, having purchased the same under various sale deeds and the Society is in possession of the same. While so, in the year 1984, a requisition was made to the respondent No.1 for providing playground to the petitioner School. Based on the said requisition, the land acquisition proceedings were initiated for acquiring the lands for the benefit of the petitioner. The Land Acquisition Officer has passed an Award on 19.12.1983 fixing the market value of the acquired land at Rs.3.50 paise per square yard. On reference, the Principal Subordinate Judge, Warangal, vide judgment and decree dated 24.09.1987 in O.P.No.10 of 1984 had enhanced the market value of the acquired land to Rs.20/- per square yard, and the same was confirmed by this Court in A.S.No.1829 of 1988 vide judgment dated 08.11.2005. Accordingly, the petitioner had paid the compensation to the respective land owners. During the interregnum period, proceedings were initiated by the then State of Andhra Pradesh in L.G.C.No.120 of 1999 against one Bro. John Kalarkal, the then Principal of the petitioner School, and the said L.G.C. was disposed by judgment dated 22.04.2003 holding that the respondent - Bro. John Kalarkal was a land grabber and he was directed to deliver vacant possession of the subject property of L.G.C. to the applicant. However, it is stated that Bro. John Kalarkal had no independent right, title or interest in the land, which is the subject matter of L.G.C., and the land admeasuring Acs.40.70 guntas belongs to the petitioner only as the sale deeds are in favour of the petitioner. It is further stated that the petitioner had constructed a building consisting of Ground + one floor in the land purchased by it and running the school therein. Respondent No.5 is also collecting property tax from the petitioner regularly.

(3.) While so, the respondent No.1 initiated proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act') for acquisition of lands to an extent of Ac.2.13 guntas in Survey Nos.139, 140/1, 141/1 and 142 for the purpose of second ROB between Hanamkonda-Kazipet at 163 km 133/4 to 134/2 and Railway Km 365/31-33 of Kazipet-Ballarsha Section in Warangal (urban) District. An extent of Ac.0.27 guntas of land belonging to the petitioner was also included in the said land acquisition.