Hon’ble High Court while disposing the WP No.31630 of 2010 has passed the following order:
“to initiate proceedings under the Right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act.2013 for payment of compensation to the Petitioners in respect of the Land Admeasuring Acts. 0.17 Gts in Survey Nos.651/2 and 652/2 of Mahabubabad (V) & Mandal Warangal District and this exercise shall be completed as expeditiously as possible into consideration”
Engineer-in-Chief, Panchayat Raj, Hyderabad has submitted a detail report stating that the “Formation of Necklace Road around Nizam Cheruvu’ at Mahabubabad (V&M)” was sanctioned (6) bits in (2) Phases under FFW Programme during the year 2002 by the District Collector, Warangal vide Progs.No.G2/2285/2001/FFWP/Mahabubabad dt.4.3.2002 and 9.3.2002 respectively and the Project Director, DWMA, Warangal has informed that after verification of Measurement Books submitted by the Mandal Parishad Development Officer, Mahabubabad, found the above works were executed by the RWS and payment was made by the Mandal Parishad Development Officer, MPP, Mahabubabad. Further the SE, PR, Warangal has stated that the land of the said road work is going through the Lands of petitioner and neither Technically sanctioned nor Executed by PR Dept and Technically sanctioned and Executed by the RWS Dept. At the point of juncture, there is no interference of the Executive Engineer, PR Division Mahabubabad with this work.
He has further stated that the District Collector, Warangal has stated that even though the works processed by the Project Director, DWMA, Warangal and asset belongs to Panchayat Raj Dept, the burden of payment of compensation to the Petitioner lies with PR Dept. only. Hence the Executive Engineer, PR, Mahabubabad is required to file equisition for acquisition of Petitioner’s Land under the Land Acquisition Act duly getting from the Government immediately and also instructed the Collector (Panchayat Raj) i.e SE, PR, Warangal for moving the matter to the Government in seeking necessary funds for depositing before the LAO for initiation of Land Acquisition proceedings in the matter.
The Engineer-in-Chief, Panchayat Raj, Hyderabad has requested the Government to sanction an amount of Rs. 26,84,856/- so as to pay the compensation to the petitioner as per High Court orders.
Government after careful examination of the matter, hereby sanctioned an amount of Rs.26,84,856/-(Rupees Twenty Six lakhs eighty four thousand and eight hundred and fifty six only) towards payment of land compensation to the land owners for the road work “Formation of Necklace Road around Nizam Cheruvu at Mahabubabad Village and Mandal.
The expenditure sanctioned in the para (5) above shall be debited to the following head of Account 2515 Other Rural Development Programmes – 01 Direction and Administration – SH (06) PR Engineering Establishments 500 Other charges – 501 Compensation ( C ) and initially shall be met as an advance from Contingency Fund, for which orders will be issued Finance (BG) Department separately.
The Engineer-in-Chief, Panchayat Raj Hyderabad is requested to place the entire amount at the disposal of the concerned land acquisition officer so as to enable him disburse the same to the land owners by following the Land Acquisition Act 2014. He is also requested to submitted necessary proposals nfor obtaining supplementary grant at a appropriate time to Finance Department during the Financial year 2015-16.
This orders issues in consultation with the Finance (EBS.VIII) Department vide their U.O. Note No.11901/309/15/EBS.VIII/30/104.