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Don't discriminate between landholders: Hyderabad HC

Compensate equally, Hyderabad HC tells Telangana government

Hyderabad: The Hyderabad High Court on Wednesday made it clear that as per provisions of the Land Acquisition Act, 2013, holders of assigned lands should also be treated on par with pattadars and there shall not be any discrimination in this regard.

A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice U. Durga Prasad was hearing a batch of petitions moved by landowners from Mahbubnagar and Medak districts, challenging the action the government procuring of lands through GO 123 for irrigation projects in the district.

N.S. Arjun, counsel for the petitioners, told the court that the government has been showing discrimination by paying Rs 3 to Rs 3.5 lakh per acre to holders of assigned lands and '5 lakh per acre for pattadars for lands located in the same survey number.

He brought to the notice of the court that the government paid Rs 7 lakh per acre in Medak district for the lands acquired for Green Pharma City. A-G K. Ramakrishna Reddy, objecting to the contentions of Mr Arjun, said that here the question was not about discrimination.

When he tried to speak about GO 123, the bench pointed out: “We are hearing right now the sustainability of GO 123. If we allow the GO, only then will we consider paying of equal compensation. Right now, the government has to treat holders of assigned land and pattadars equally, as per the provisions of Act, 2013.”

B. Rachana, counsel for some of the petitioners, told the court that the government was resorting to acquisition of lands by invoking provisions under Sections 6(2), Sections 10(2) and Section (40) of the Act, 2013. The bench adjourned the hearing to Thursday.

The Hyderabad High Court on Wednesday directed M/s Dr Cars Pvt. Ltd. to inform the court by Thursday why it was continuing to do business on the land allotted to it despite the lease period expiring long ago.

The court also directed the Hyderabad Metropolitan Development Authority to explain the reasons for not evicting the firm despite expiry of lease long ago.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice A. Shankar Narayana was dealing with an appeal by the firm challenging an order granting liberty to the Buddha Purnima Project to take possession of the land given to it on lease.

The appellant brought to the notice of the court that it had entered into a lease agreement with Buddha Purnima Project on August 4, 2006 for two years for the land adjacent to Imax theatre on monthly rental basis and subsequently extended the lease till 2009.

When the appellant urged the authorities to continue with the lease of the land adjacent to IMAX, the bench made it clear that it would not be proper to continue business on the site after expiry of the lease period long ago.

( Source : Deccan Chronicle. )
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