MURALIDHAR SINGH Vs. DISTRICT COLLECTOR, HYDERABAD DISTRICT

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and Sri N.Ashok Kumar, learned Standing Counsel for GHMC.

(2.) The case of the petitioners, in brief, is that the respondent No. 1 issued Notification, dtd. 25/4/2006, No. D3/2760/2006 under Sec. 4(1) of the old Land Acquisition Act, 1894 (for short '1894 Act) to acquire 212. 74 sq.yds of petitioner No. 1 's land and the subject land is located near Afzia Towers near Begumpet, Hyderabad. Sec. 5-A inquiry of 1984 Act was dispensed with invoking urgency clause and Draft Declaration under Sec. 6 of 1894 Act dtd. 29/4/2006 was issued, but neither award was passed nor compensation was paid as per Sec. 11 of 1894 Act. On 15/7/2006 respondents (GHMC) decided to acquire 157.76 Sq.Yds. On 29/9/2006, a letter was addressed by respondent No. 3 to petitioner No.1 stating that only 57.20 sq.yds. of land would be acquired. On 10/10/2006, petitioner No. 1 addressed letter to respondents stating that petitioners agreed for TDR (Transfer of Development Rights). But the respondents did not issue TDR till 2016. On 20/12/2006 petitioners filed present writ petition seeking setting aside of Sec. 4(1) Notification as respondents deviated from their actual plan. In the year 2015, W.P.No. 40579 of 2015 was filed by the 1st petitioner 's son by name Sri. Anand Singh, seeking compensation under 2013 Act, but subsequently, however, on advise and in view of the fact that the present writ petition is pending, W.P.No. 40579 of 2015 was withdrawn. On 29/5/2015, respondent No. 3 forwarded plan stating actual land acquired was 35.87 Sq.yds. On 17/9/2016 respondent agreed for issuance of TDR certificate, after 10 years of petitioners ' consent. On 17/9/2017, petitioner No. 1 filed amendment petition bearing No. WPMP No. 39923 of 2017 in W.P.No. 26701 of 2006 seeking granting of compensation as per new Land Acquisition Act, 2013. As the petitioner No. 1 is now 78 years old and as due to changed circumstances wherein respondent agrees for TDR after 10 years, it is however, difficult for the petitioners to make use of TDR. Sec. 24(1)(a) of new Land Acquisition Act, 2013 provides for grant of compensation under new Act, if Award has not been passed under old Land Acquisition Act, 1894. Therefore, the petitioners ' prays that this Court may be pleased to direct the respondents to grant compensation under new Land Acquisition Act, 2013.

(3.) Learned counsel for the petitioners bring on record through a Memo dtd. 4/4/2022, three material documents, which are as follows :