PENDLI LINGA MURTHY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners are owners of land in various survey numbers of Machapuram and Ookal Village, Geesukonda Mandal, Warangal Rural District. A notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act - 30 of 2013 (for short, 'the Act'), was issued for acquiring the land of the petitioners along with other land for laying road from Gangadevipalli to Ramnagar.

(2.) Objections were filed by the petitioners under Section 15(2) of the Act, on 07.08.2018, before the 3rd respondent. In the said objections, it is the contention of the petitioners that there is already an existing cart track which was widened with 33 feet width and 4070 feet length with EGS funds and 70% of the metal road was laid; the rest is formation road for which Acs. 3. 03 guntas is adequate; there is already an existing R & B road with 60 feet width and 3250 feet length formed in an extent of Acs. 4. 20 guntas from Ookal Village stage to Sangem R & B Road upto Ramnagar cross; since there is already an existing Acs. 3. 03 guntas road from Gangadevipalli to Ookal, if another Acs. 6. 00 is added, a 100 feet road can be formed and R & B road from Ookal to Ramnagar was formed in an extent of Acs. 4 1/2 of land. It is the contention of the petitioners that the old road itself is sufficient and may be another Acs. 10. 00 is necessary, if it is to be widened. This would result in saving of Acs. 18. 00 guntas of land, which is further proposed to be acquired; when substantial funds have been expended by the State for laying the existing roads, there is no justification for spending more money to acquire more land, thereby depriving the petitioners of their lands. It was therefore requested that the 3rd respondent withdraw the proposal for laying new road from Gangadevipalli to Ramnagar cross and save the petitioners and the public money.

(3.) In the last paragraph of the said objections filed under Section 15(2) of the Act, petitioners also mentioned that if the State does not wish to withdraw the new road proposal, it has to provide alternate land in the same road by taking petitioners' land, and if that is not possible, compensation of Rs. 4. 00 crores per acre be paid to the petitioners apart from providing employment opportunity to one family member as per their educational qualification.