Telangana

Telangana HC stays GO on government relinquishing 3/4 acres of land

The land was originally acquired by the then government in 1978 for the construction of the Lower Manair Dam (LMD), more than 44 years ago, and it remained with the State ever since.

HYDERABAD: The Telangana High Court has ordered status quo on the State government’s decision to relinquish approximately three-fourth acres of land in Hasnapur village of Karimnagar district to the legal heirs of the original owner Kothakonda Srinivas.

The land was originally acquired by the then government in 1978 for the construction of the Lower Manair Dam (LMD), more than 44 years ago, and it remained with the State ever since.

KV Bhaskar Reddy, a lawyer from Karimnagar, filed a PIL with the bench comprising Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy, challenging the GO 233, dated June 24, 2021, issued by the Special Chief Secretary for Irrigation and Command Area Development re-conveying the land measuring approximately three-fourth acres to the legal heirs of the original allottee K Srinivas, whose land was acquired by the then government in 1978.

The bench issued notices to Chief Secretary, CCLA, Special Chief Secretary, Irrigation and Command Area Development Department Engineer-in-Chief, Commissioner R&R, District Collector, Karimnagar, RDO Karimnagar, and District Collector, Karimnagar to inform the court as to whether the State could decide to re-convey the land to the legal heirs of the original allottee, on payment of a nominal rate based on the market value that was in force in 1978 with nine per cent interest.

Counsel for the petitioner cited several judgments made by the Apex Court and other High Courts that clearly stated that once the State acquires the land for one of its purposes and pays the compensation, such land vests with the State, even if it is not used for the purpose for which it was acquired, and that such land cannot be reassigned to anyone by way of an executive order. The matter has been postponed to November 10, 2022, for a hearing.

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