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High Court for State of TelanganaWP/11147/2017disposed of no costs

Katta Susheela v. State Of Tetangana,

2017-03-30A V Sesha Sai4 pages

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.11147 of 2017 ORDER:

It is the case of the petitioners that the 2nd respondent issued a Notification under the provisions of the Land Acquisition Act, 1894 in the year 2008 for the purpose of acquisition of lands situated in Mallepally, Yeggadigudem, Padmagudem, Kommugudem villages of Kothagudem Mandal, Khammam District, presently Bhadradri Kothagudem District, for construction of Open Cast Mine pertaining to the Singareni Collieries Company Limited. It is further stated that the respondents declared Rehabilitation and Resettlement Package (R & R Scheme) by conducting Grama Sabha, fixing 2010 as the cut-off date for calculating the monitory benefits under the said package. The 2nd respondent along with respondent Nos.

4 and 5 has conducted socio-economic survey in the aforesaid villages and allotted SES numbers to the houses effected under the land acquisition proceedings and the respondents, after prolonged discussions with the aggrieved persons, have decided to pay compensation as a one-time settlement. It is further stated that list of eligible persons was also prepared by respondent Nos.2 and 3, which contains the names of the petitioners also, and objections were also called for.

2.

In that background, it is the grievance of the petitioners that they have submitted a number of representations, but no action has been taken so far by the respondents nor they have been paid any amount under R & R Package, as was paid to some of the villagers, whose names were found along with the petitioners in the list of eligible persons. 3.

Having heard learned counsel for the petitioners as well as the learned Government Pleader for Land Acquisition appearing for respondent Nos.1 to 3, and Sri J. Srinivasa Rao, learned Standing Counsel appearing for respondent Nos.4 and 5, this Court is of the considered opinion that ends of justice would be served, if the petitioners are permitted to submit a representation afresh for redressal of their grievance and for consideration of the respondents in accordance with law, by fixing a time frame.

4.

In view of the above, this writ petition is disposed of, keeping it open for the petitioners to submit a representation to the respondents for redressal of their grievance within a period of one month from the date of receipt of a copy of this order. If any such representation is received, the respondents are directed to consider the same and take appropriate action in accordance with law within a period of three months thereafter.

5.

As a sequel, Miscellaneous Petitions pending consideration, if any, in the Writ Petition shall stand closed. No order as to costs.

__________________________ JUSTICE A.V. SESHA SAI 30.03.2017.

Msr

HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.11147 of 2017 30.03.2017 Msr