HC dismisses plea to set aside land compensation

The Telangana High Court had dismissed a writ petition seeking to set aside a land acquisition award passed by State government relating to a 305-square yard plot in Nanakramguda of Serilingampally in Ranga Reddy district.

A Bench of Chief Justice Hima Kohli and Justice M.S. Ramachandra Rao had passed the order after the petitioner chose to withdraw the plea. A housewife from Bhadradri Kothagudem district G. Laxmi Kumari moved the HC seeking to set aside the compensation awarded by government for acquiring her plot in Nanakramguda.

She contended that government issued proceedings to acquire the plot for public purpose. However, the plot along with other pieces of land was eventually allotted to real estate developers for construction of private villas. The petitioner’s counsel told the court that she purchased the plot in 2003.

The lawyer argued that without issuing any notice to the plot owner and conducting inquiry as per the Land Acquisition Rules, the government passed an award of compensation. This was illegal and violation of the constitutional provisions, the lawyer contended. The award was liable to be set aside under Section 242 of the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act-2013. It was in violation of the law laid down by Supreme Court in a case in 2020, the lawyer told the court.

However, during presentation of arguments over maintainability of the plea, it was confirmed that while the government issued notification for acquiring the land on July 17, 2002, the petitioner purchased it on June 13, 2003. In the backdrop of this fact, the petitioner’s lawyer requested the Bench to permit withdrawal of the petition while reserving the petitioner’s right to approach the authorities to verify the status of payment of compensation for acquisition of the plot.

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Printable version | Feb 26, 2021 4:25:16 AM | https://www.thehindu.com/news/cities/Hyderabad/hc-dismisses-plea-to-set-aside-land-compensation/article33583291.ece

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