Hyderabad: Even though the order of the Hyderabad High Court regarding compensation for the land acquired by the Hyderabad Metro was passed, petitioners contended that the order passed under the Repeal Act was unenforceable under the law as the new Act had come into force in the country from January 1, 2014.
While setting aside the earlier orders of the Land Acquisition Officer (LAO) in determining the compensation as per the repealed Act, the judge said it was mandatory for the LAO to re-determine the compensation as per Section 24 (1) of the Act.
The judge remitted all the cases of the petitioners to the LAO for re determination of the compensation payable to the property holders and directed the LAO to fix the date of hearing and consider all the claims of the petitioners with reference to the determination of compensation.
The judge ruled that the persons in occupation of properties would be given four weeks from the date of payment of compensation for vacating the premises and handing over the possession.
He directed that the entire exercise should be completed within the fixed time frame and the LAO should communicate the schedule to the petitioners along with the notice including the date of payment and mode of payment.
The judge said that the LAO was at liberty to pass ex parte supplementary awards if any of the petitioners appeared before him on the fixed date duly recording the reasons.
According to Ms P. Bhavana Rao, counsel appearing for one of the petitioners, the judgment would provide an opportunity to the land owners to get fair compensation.
As per the provisions of the new Act, the land holders would be eligible to get 100 per cent solatium on the total compensation determined by the LAO after assessing the market value as per the provisions of the Act for the total extent of the acquired property of each individual. The Old Act provided only 30 per cent solatium on the total compensation.
She said that the new Act also provided income tax exemption to property holders and they need not pay tax on the total compensation, which would be deducted under the repealed Act.
Most of the those who had lost their properties on the Metro stretch from Miyapur to LB Nagar and Nagole to Shilparamam had moved the High Court against the awards passed by the LAO after January 1, 2014.
The property holders will get market value determined by the LAO either taking into consideration the value specified in the Indian Stamps Act, for the registration sale deeds of the area from where the lands situated or similar lands situate in nearest vicinity of the area or consented amount of compensation agreed under the Act in case of acquisition of lands for private companies or public private partnership projects.
