ISLAMIC SOCIAL SERVICE Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a writ of mandamus declaring the action of the respondent Nos.2 to 4 in not paying the compensation to the petitioner's society in respect of the land bearing MCH No.6-3-888 and 889, situated at Somajiguda, Hyderabad, admeasuring 295.11 square yards, which was acquired for the purpose of road widening from Rajiv Gandhi Junction to Raj Bhavan, as illegal and arbitrary.

(2.) It is the case of the petitioner-society that one Mrs.Abidunnissa Begum had gifted the property, admeasuring 1720 square yards of land, bearing No.6-3-888 and 889, situated at Somajiguda, Hyderabad, in its favour vide Gift Deed dated 25.01.1983, and since then it is in uninterrupted possession and enjoyment of the said property. While so, in 2005, the respondent No.3 has deployed his workers for demolition of boundary wall and other structures of the petitioner's property, without following due process of law. Therefore, the petitioner-society approached this Court by filing W.P.No.13205 of 2005 and this Court had disposed of the said writ petition on 21.06.2005 directing the respondents therein not to demolish the structures in question without following the guidelines issued by a Division Bench of this Court in P. Lakshman Rao v. Executive Officer , 2000 5 ALT 246. It is stated that the respondent No.3 has issued a letter dated 30.06.2005 informing the petitioner-society that the respondent - Corporation has agreed to pay compensation in respect of the acquired land, and that Award would be passed as soon as possible i.e., not later than one month. It was further agreed that with regard to demolition of the compound wall, the respondent - Corporation would construct a new compound wall and with regard to the structure affected in the road widening, the value of the same would be paid.

(3.) According to the petitioner-society, in view of the request made by the respondent Nos.2 and 3, besides the assurance given by the respondent No.3 that the compensation will be paid not later than one month, the petitioner-society permitted the respondent-Corporation authorities to acquire the subject land, but till date, the petitioner-society is not known whether the respondent No.4 has passed an Award in respect of the subject premises or not?