Government Needs Valid Documents Before Possessing Private Land: Telangana HC

Hyderabad: The Telangana High Court has made it clear that the government cannot claim possession of a private property, without having documents like panchanama and notices issued to the owners of the land after passing the award under section 12 (2) of the Land Acquisition Act.

Further, the court also noted that conducting an award enquiry under section 5A of the land acquisition Act, without issuing notices to the affected private parties is not valid.

Justice Surepalli Nanda made it clear that the land acquisition officer or collector must be armed with the amount of compensation payable to interested persons and only when payment is refused or no person is competent to alienate the land or there is any dispute with regard to the title, the collector shall deposit compensation in a reference court.

Only after these steps are taken, the collector shall take possession of the land which shall then vest with the government free from all encumbrances.

Citing the same, Justice Nanda directed the authorities to conduct a fresh award enquiry of the land admeasuring 9 acres in survey number 48 of Nanakramguda village of Ranga Reddy district to which the acquisition notices were issued in 2004 and conveyance deed of transferring the property was executed in 2005.

Justice Nanda was hearing four petitions filed in 2012 by A. Sadanandam whose land was notified for acquisition for an infrastructure development project by Emaar Properties Pvt. Ltd.

The petitioner's grievance is that the then authorities had conducted section 5-A enquiry without any notice to him. Hence, draft declaration under Section 6(1) of the Land Acquisition Act, for the said land is illegal as there is no valid enquiry, the petitioner contended.

He also challenged the passing of the award during that time.

Further, he challenged the diversification of the said land other than for the purpose of acquisition.

The timeline suggests land acquisition notification was issued for an infrastructure developmental project and later it was altered to construct an electricity sub-station.

When the government contended that it had already taken possession of the said land, the court directed the authorities to produce the panchnama and other documents to prove the land was taken into possession. As the authorities failed to do so, the court allowed the petitioner`s request for fresh award enquiry.