PUCHALA JANGAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Sri A.Giridhar Rao, learned Senior Counsel appearing for Sri Aare Venkateswara Rao, learned counsel for the petitioners, Sri Harender Pershad, learned Special Government Pleader appearing on behalf of learned Advocate General for respondent Nos.1 to 6 and Sri L Prabhakar Reddy, learned Standing Counsel appearing for respondent No.7

(2.) The facts of the case are that the petitioners herein are the assignees/legal representatives of the assignees of various extents of land situated in Kothur and Thimmaipally Villages of Kandukuru Mandal, Ranga Reddy District. Out of the land owned by all the petitioners herein, the land to an extent of Ac.1.38 1/2 gts., situated in Sy.Nos.105 and 9 of Thimmaipally Village, was acquired by respondent Nos.1 to 4 for the purpose of widening the road for the benefit of respondent No.7 through the impugned proceedings No.D/957/2017, dtd. 29/12/2017. The said proceedings, dtd. 29/12/2017, is impugned in this Writ Petition by the petitioners on the ground that respondent No.4 played fraud on them and paid only an Ex-Gratia amount at the rate of Rs.8,00,000.00 per acre though the petitioners are entitled for payment of compensation on acquisition of their land in terms of the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 (for short 'the Act, 30 of 2013') and also for all other benefits that were provided under the said enactment. The petitioners also claimed compensation on par with the other lands situated in very same village, as was granted to the other assignees through proceedings No.D/957/2017, dtd. 27/7/2018, wherein the compensation was paid at the rate of Rs.42,00,000.00 per acre. It is also the case of the petitioners that their signatures were obtained on blank forms without mentioning the quantum of compensation/Ex-Gratia payable to them and they have only consented for acquisition of the land but not for payment of compensation at the rate of Rs.8,00,000.00 per acre. Thus, the petitioners have seriously disputed about the consent that is said to have been given by the petitioners for payment of compensation at the rate of Rs.8,00,00.00 per acre. The petitioners are paid Ex-Gratia amount proportionate to the land acquired from each of the petitioners at the rate of Rs.8,00,000.00 per acre and after receipt of the said amount and after having come to know about the higher compensation that was paid in respect of other lands at the rate of Rs.42,00,000.00 per acre, the petitioners approached this Court by filing the present Writ Petition.

(3.) The impugned order refers to the negotiations that had taken place between the petitioners and the respondent officials on 24/9/2016, 13/2/2017 and 14/2/2017. Pursuant to the said negotiations, the respondents claimed to have issued a notification dtd. 23/3/2017 and 7/5/2017 published in the newspapers calling for objections and no objections stated to have been received by the respondents and accordingly, they have proceeded to pay the Ex-Gratia amount at the rate of Rs.8,00,000.00 per acre.