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News: Telangana HC junks woman's plea seeking acquired Emaar land back-16-01-2021

https://realty.economictimes.indiatimes.com/news/regulatory/telangana-hc-junks-womans-plea-seeking-acquired-emaar-land-back/80297117

The judges said: “You (petitioner) took 17 years to challenge the acquisition notification. You remained a spectator all these years. We are dismissing the petition.”

HYDERABAD: Telangana high court has refused to entertain a writ petition seeking either compensation under the new Land Acquisition Act or restoration of land that was acquired for the Emaar project in Hyderabad 17 years ago.

A bench of Chief Justice Hima Kohli and Justice MS Ramachandra Rao was dealing with a petition filed by Gummadi Lakshmi Kumari, who said that her 305 square yards of plot in Nanakramguda in Serilingampalli should be returned to her.

The judges, however, dismissed the plea as withdrawn.

The judges said: “You (petitioner) took 17 years to challenge the acquisition notification. You remained a spectator all these years. We are dismissing the petition.”

Lakshmi’s counsel argued that since the Emaar project ran into rough weather and is being probed by the CBI, his client should get back her land.

The judges went through the records and found that she had purchased this plot after the land was notified for acquisition by the state government for handing it over to Emaar company.

The petitioner, however, claimed that she bought it from Kiran Krishna Real Estates and Constructions Private Ltd. The judges told her counsel that the state had notified the land for acquisition on July 17, 2002, while she had purchased the plot a year later (on June 13, 2003).

When the counsel pointed out that similar petitions had been entertained by the court before, the judges did not agree with his contention.

“Others may have purchased the land before the acquisition. A pending CBI probe into the issue is no solace,” the judges said.

The judges further said, “The petitioner knew that this plot was under acquisition. Yet you chose to purchase it with your eyes wide open.”

At this stage, the counsel said he would withdraw the plea.
 

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