Damuluri Pushpavathi v. The State Of Telangana, Rep. By Its Principal Secretary,
THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO WRI T PETI TI ON No.15807 OF 2017 ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Panchayat Raj appearing for respondents 1 and 4.
The petitioners claim to be small and marginal formers and depending on agriculture. When a notice was issued by the third respondent under Section 3 of the Telangana Domestic and Industrial Water Grid Pipe Line (Acquisition of Right of User in Land) Act, 2015, and G.O.Ms.No.149 dated 27.08.2015 seeking to lay a drinking water pipe line through the land of the petitioners situated in R.S.Nos.347/R/2, 12/A, 7/E, 4/E, 147/4, 150/4 and 153/3 of Sarvaram Village, Mothey Mandal, Suryapet District, Telangana State, the present writ petition is filed.
A counter affidavit is filed stating that after following due procedure only, the pipe line was laid through the lands in the said survey numbers and the present writ petition is filed only after completion of the work. It is also stated that the petitioners are not the owners and possessors of the said lands and only petitioners 2, 3 and 7 raised objections for laying the pipe line and that subsequently, an understanding was entered between the parties since there was no loss to the land as the pipe line was being laid in two meters depth under the ground. The Government of Telangana took up programme under Mission Bhageeratha to provide safe
drinking water to each and every house-hold in the entire Telangana State and RWS & S Department was entrusted with the implementation of the said programme.
Since the work is completed, no relief can be granted to the petitioners in the present writ petition. However, if the petitioners are entitled for any compensation under the provisions of the Act and the G.Os. issued, it is open to them to claim compensation. The writ petition is accordingly disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. No costs. ___________________________ A.RAMALI NGESWARA RAO, J Date: 08.08.2017 va