High Court for State of TelanganaWP/17944/2021disposed of no costs

Yarasani Keshava Reddy And Another v. The State Of Telangana And 6 Others

2023-01-02Mummineni Sudheer Kumar7 pages

[ 3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 17944 OF 2021 Between:

'1. Yarasani Keshava Reddy, S/o. Somi Reddy, Aged about 65 years, Occ. Agriculture, Rejarla Village, Sattupally Mandal, Khammam District, Telangana.

2. Yarasani Bharathi, Wo, Keshava Reddy, Aged about 62 years, Occ. Housewife, Rejarla Village, Sattupally Mandal, Khammam District, Telangana. ...PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department (Land Acquisition), Secretariat Buildings, 5th Floor, BRKR Bhavan, NH 44, Hill Fort, Adarsh Nagar, Hyderabad, Telangana-500063.

2. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, 5th Floor, BRKR Bhavan, NH 44, Hill Fort, Adarsh Nagar, Hyderabad, Telangana-500063.

3. The Singareni Collieries Company Ltd., Rep. by its Chairman and M.D., Kothagudem Collieries, Bhadradri Kothagudem District, Telangana - 507 '10'1 .

4. The District Collector, (LA), Khammam District, Telangana

5. The Joint Collecto(LA), Khammam District, Telangana.

6. The Revenue Divisional Officer (LA)(RDO), Khammam District, Telangana.

7. Mandal Revenue Officer, Satupally Mandal, Khammam District, Telangana. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in issuing a Declaration vide District Collector File No.G l /1 1 82/2019, d1.06/0412021 , RDO/Khammam File No.A,/329/2020, d1.2410212021 and Gazette Notification No.A111212021 , dt.0911412021 issued u/s.19(1)of RFCTLARR Act, 2013 pursuant to Preliminary Notification vide Collector File No.G1/1 18212019, d|j610912020, LAO/Khammam File No.A/329/2020, dt.O1l09l2O20, and Gazette Notification No.A3/35/2020, d1j610U2020 u/s.1 1 (1) of RFCTLARR Act, 2013 for acquiring the

lands to an extent of Ac.315-30 gts., by Singareni Collieries for open cast mining (OCP-ll) in Rejarla Village, Sattupally Mandal, Khammam DiStrict without conducting Grama Sabha and without considering objection raised under Section 15 as mandated under RFCTLARR Act,2013 as illegal, arbitrary, unconstitutional, in violation of the strict provisions of the Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and in violation of principles of natural justice and to consequently set aside the Declaration vide District Collector File No.G11118212019, dt.0610412021, RDo/Khammam File No.A/329/2020, dt.2410212021, and Gazette Notification No.A111212021 , d1.0910412021 issued u/s.

19(1) of RFCTLARR Act, 2013 by first conducting a personal hearing and issuing a report on the said objections as mandated under Sec 15(2) pursuant to Preliminary Notification vide District Collector File No.G11118212019 dt.16/09/2020, LAO/Khammam File No.N329|2O2O, dt.0110912020, and Gazette Notification No.43/35/2020, d1j610912020 u/s.'1 1(1) of RFCTLARR Act, 2013. lA NO: 1 OF 2021 Petition under Section '15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including dispossession of petitioners from said lands i.e., in Sy.No.47IE/RU admeasuring Ac.0-20 gts., in Sy.No.47lE/EE admeasuring Ac. 1 -30 gts., Sy. No.47lE/U admeasuring Ac. 1 -00 gts., Sy. No.47l E/UU admeasuring Ac.0-18 gts., Sy.No.85/ 1/U admeasuring Ac.

1-35 gts., belonging to Petitioner No.1 and in Sy.No.47l 1/2/tuA admeasuring Ac.3-02 gts. belonging to Petitioner No.2, situated in Rajerla Village, Sattupally Mandal, Khammam District pending outcome of the main writ petition. Counsel for the Petitioners: SMT. B.RACHNA REDDY Counsel for the Respondent Nos.'1,2,4 TO 7: AGP FOR LAND ACQUISITION Counsel for the Respondent No.3: SRI P.

THE HON'BLE SRI JUSTICE ITIUMMINENI SUDHEER KUMAR WRIT PETITION No.17944 of2O2L ORDER:

Heard Ms. B. Rachana Reddy, learned counsel for the learned Assistant Government Pleader for Land petitioners, and Sri P. Sri Harsha Reddy, learned Standing Acquisition Counsel for Singareni Collieries Company Limited. 2.

This writ petition is filed challenging the preliminary notification issued under Section 1i (1) and the draft notification issued under Section 19 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabiiitation and Resettlement Act, 2013 (for short, 'the Act, 2013') proposing to acquire the lands of the petitioners together with certain other extents of lands on the ground that the mandatory requirement of giving an opportunity under Section 15 of the Act, 2013 has not been followed and personal hearing was also not afforded to the petitioners.

It is brought to the notice of this Court that the Award was passed in respect of other extents of lands except the lands which are the subject matter of the present writ petition i.e., lands in Survey No.47/tr/En admeasuring Ac.1.30 guntas; \

a Survey No.47 lElU admeasuring Ac.1.00; Survey No.47 IEIUU admeasuring Ac.O.18 guntas; Survey No.85/ 1/U admeasuring Ac. 1.35 guntas; Survey No.780/EE admeasuring Ac.0.10 guntas; Survey No.781 admeasuring Ac. 1.03 guntas; Survey No.7a2lV admeasuring Ac. 1 .30 guntas, totally admeasuring Acs.8.06 guntas belonging to petitioner No. I and lands in Survey No.47 lll2lAlA admeasuring Acs.3.O2 guntas; Survey No.772lAlU I I l2 admeasuring Ac.O.04 guntas; Survey No.788lU lAll admeasuring Ac. 1.08 guntas, totaliy admeasuring Acs.4.14 guntas belongings to petitioner No.2, situated in Rejarla Village, Sathupaily Mandal, Khammam District. The respondents issued a notice dated 07 .1O.2O22 affording an opportunity to the petitioners and the petitioners also stated to have represented the matter before respondent No.6 informing him that the matter is pending before this Court. Though an objection is sought to be raised on the ground of limitation, the same is not pressed by the learned counsel for the petitioners.

Learned counsel for the petitioners contended that the subject lands are deemed to have been converted as non-agriculture lands in terms of the provisions of the Telangana Agricultural Lalds (Conversion for Non-Agricultural

Purposes) Act, 2006, especially under sub-section (6) of Section 3 of the said Act. She further submitted that the said aspect is required to be taken note by respondent No.6 for taking further action in the matter.

Having taken note of the fact that respondent No.6 has already issued notice dated 07.1O.2022 and the petitioners have |l already submitted a representation, this Court is of the considered view that it is for the respondent No.6 to consider all the objections that are raised by the petitioners against the proposed acquisition oi the subject lands.

Learned Assistalt Government Pleader for Land Acquisition also fairly submitted that respondent No.6 would consider all the objections that are raised by the petitioners and then take further action in accordance with law. 7.

In view of the same, the writ petition is disposed of permitting the petitioners to raise all the objections that they intend to raise against the proposed acquisition of the subject lands wit-hin a period of two weeks from the date of receipt of a copy of this order and on submission of such objections, respondent No.6 shall consider the same and pass appropriate orders thereon within a further period of four weeks and then

proceed in accordance with law. There shail be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed SO/.T.SRINI DEPUTY REGIS R //TRUE COPY// SECTIO FFICER To q t The Principal Secretary, Revenue Department (Land Acquisition), Secretariat Buildings,sth Floor, BRKR Bhavan, NH 44, Hill Fort, Adarsh Nagar, Hyderabad, State of Telangana, Telangana-500063.

The Principal Secretary, Revenue Department, Secretariat Buildings, sth Floor, BRKR Bhavan, NH 44, Hill Fort, Adarsh Nagar, Hyderabad, State of Telangana, Telangana-500063.

The Chairman and M.D., Singareni Collieries Company Ltd., Kothagudem Collieries, Bhadradri Kothagudem District, Telangana - 507 1O1 . The District Collector, (LA), Khammam District, Telangana. The Joint Collector(LA), Khammam District, Telangana. The Revenue Divisional Officer (LAXRDO), Khammam District, Telangana. Mandal Revenue Officer, Satupally Mandal, Khammam District, Telangana. Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana, al Hyderabad. IOUT] One CC to SlVlT. B.RACHNA REDDY, Advocate [OPUC] One CC to SRI P.SRI HARSHA REDDY, SC FOR SINGARENI COLLIERIES coMPANY LtMTTED [OPUC] Two CD Copies b 9.

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HIGH COURT DATED:0210112023

ORDER

WP.No.17944 of 2021 (\it E Si4 j(j c.

Q, t e ,)3 zj JAil z02l ti DISPOSING OF THE WRIT PETITION WITHOUT COSTS.