KAMISETTI HEMALATHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) It is the case of the petitioners that they are the absolute owners of the land admeasuring 292 square yards in Sy.No.933; 348 square yards in Sy.No.933 and 189.5 square yards in Sy.Nos.933 & 934 of Miryalaguda Town & Mandal, Nalgonda District, having purchased the same vide registered sale deeds bearing document Nos. 3098/1990 dated 13.08.1990, 3096/90 dated 13.08.1990 and 163/1984 dated 10.01.1984, respectively.

(2.) It is the assertion of the petitioners that they are the original owners of the subject land; that the said land along with other lands was acquired by the Government pursuant to the land acquisition notification issued under Section 4(1) of the Land Acquisition Act, 1984 (for short 'the Act') dated 05.12.2001; and as such they are entitled for compensation for the subject land. Petitioners also assert that though possession of the subject land was taken on 12.01.2003, so far, they have not received any notice with respect to the land acquisition proceedings. It is also the assertion of the petitioners that they have recently came to know about the award having been passed on 07.06.2013 determining the compensation and on perusal of the said award, it is found that out of the total extent of the land acquired, some of the owners of the land have not attended the award enquiry and not claimed compensation to their extents, as such it is decided to keep the compensation amount with regard to the unclaimed extent of the land in revenue deposit and it is also ordered to pay compensation when the concerned and eligible land owners approach for payment. Petitioners further assert that as they were not aware of the land acquisition proceedings, they were not present before the Land Acquisition Officer claiming compensation to their lands.

(3.) When the matter is taken up for admission, learned Government Pleader as per the instructions of the Land Acquisition Officer and Revenue Divisional Officer submits that though the Award was passed, the compensation could not be paid to awardees since requisition department has not deposited funds for payment of compensation. It is further asserted that the District Collector, Nalgonda vide letter G1/23867/2001 dated 01.03.2019 has accorded permission for utilizing the available funds for payment of compensation, with a further direction to deposit the compensation amount with regard to unclaimed land with the competent Court to enable the eligible individuals to claim the award amount.