Sarikonda Eshwaramma v. The State Of Telangana

[ 325s 1 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N'V.SHRAVAN KUMAR WRIT PETITION NO:35210 oF 2024 Between:

1 . Sarikonda tshwaramma, Wo S Shankaraiah Aoed about 63 years' occ Agricultur" nlo.'Ui'iif,i"p'irv viir"g" i"t Mandal'-Nalgonda District

2. Madhurai lndira, Wo Sanjay Kumar' Aged abo-ut 39. years' Occ Agriculture ' ii[,.'cnrt"pilrv'virrrgJ ini Mandal' Nal-gonda District'

3. Chaman Chandrakala' D/o Late Sriramultr Aoed about 53 years' occ. Agriculture R/o.Thin;p;rrv Viiage Jnd Mandal' -Nalgonda District

4. Billakal Swaroopa, Wo B Narsing. [a-q' llSed,Sfout 51 years' Occ Agriculture - Hi; 'Chri;prriiVirrage ano tvtaniat' Nalsonda District'

5. Mavilla Satyanarayana, S/o Late Sriramulu' Aoed about 48 years occ. Agriculture R/o Hi;ta;aiiiViir'g" inA Mandal' -Nalsonda District

6. M'Shobha, Wo.Rama Krishna, Ag.ed. about- 55. years, occ' Agriculture " [i;"chi;dpiirv Vil"g" and Mandal'-Nalgonda District' 7 Shettv lndhu, Wo.Mallappa, Aged about -5O .years' Occ Agriculture ' Hili'tsni'iiJpJirv viirlg" ini'rvtanoal' Nalgonda District

8. Mavilla Krishnaiah, S/o Late Sriramulu' Aoed about 50 years' occ Agriculture nlo cnYiLparr-i Virr'i" ""0-uinda[ Nalgonda District ...PETITIONERS AND The State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat, HYderabad.

The District Collector, Nalgonda District At Nalgonda' z The Revenue Divisional Officer, Deverakonda Revenue Division Nalgonda J District.

The Tahsildar, Chinthapalli Mandal Nalgonda District' The station House officer, chinthapalli Police Station chinthapalli Mandal' Nalgonda District.

...RESPONDENTS

,, tf Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High. Court may be pleased to issue a Writ, Order or directions more particularly a Writ in the nature of mandamus declaring the action of the respondents, more particularly that of the respondent Nos.3 and.

4 in seeking taking over the land and dispossessing the petitioners from the subject land without following due process of Law or without invoking either the Land Acquisition Act or Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is challenged in this writ petition as being arbitrary, illegal and violative of Articles '14, 19 (d), 21 and 300-4 of Constitution of lndia and consequently direct the respondents not to take over the land or dispossess the petitioners from the land in Sy Nos. 15415, 15412611 to 15412617 admeasuring Ac.0.625guntas each tota'ly Ac.1 .

10guntas, situated at Chinthapalli Village and Mandal, Nalgonda District without following due process of Law and without the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201 3.

lA NO: 1 OF 2024 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 direct the respondent No.3 to 5 not to interfere with the possession of the petitioners in respect of the land in Sy.Nos. 15415, 15412611 to 15412617 admeasuring Ac.0.625guntas each totally Ac.1 .1 0guntas, situated at Chinthapalli Village & Mandal, Nalgonda District without following due process of Law lA NO: 3 OF 2025 Between:

1. The State of Telangana, Rep. by its Principal Secretary Revenue Department Secretariat, Hyderabad.

2. The District Collector, Nalgonda District At Nalgonda.

3. The Revenue Divisional Officer, Deverakonda Revenue Division Nalgonda District.

4. The Tahsildar, Chinthapalli Mandal Nalgonda Diskict. t t ...PETITIONERS/RESPONDENTS

AND Sarikonda Eshwaramma, Wo.S.Shankaraiah, ASgd about 63 years' oil'Agticrttuie nTo Cniniapatty Village and Mandal, Nalgonda District Madhurai lndira, Wo.Sanjay Kumar, Aged abqut 39. years, Occ Agriculture R/o. Chintapally Village anb Mandal, Nalgonda District' Chaman Chandrakala, Dlo. Late Sriramulu, A99d about 53 years' oC". ngii*ltriJ n7o. Chintipally Village and Mandal, Nalgonda District' J Billakal Swaroopa, Wo.B.Narsing Ra-q, Aged about 5'1 years, Occ Agriculture R/o. Chintapally Vittage and Mandal, Nalgonda District' l/tavilla Satvanaravana, S/o.Late. Sriramulu, Aged about 48 years oJC ngrl"rlii,L nlol Cnihtapatly Village and Mandal, Nalgonda District M.Shobha, Wo.Rama Krishna, Aged about-55 years, Occ Agriculture R/o. Chintapally Village and Mandal. Nalgonda District about 50 Years, Occ. Agriculture algonda District Shettv lndhu, Wo.MallaPPa, Aged R/o Chintapally Village and Mandai, N B. Mavilla Krishnaiah, S/o. Late Sriramulu, Aged about^ 99. years' occ.AgricultureR/o.ChintapallyVillageandMandal,NalgondaDlslrlct' ...RESPON DENTS/PETITION ERS

9. The Station House officer, chinthapalli Police station chinthapalli Mandal, Nalgonda District.

...RESPONDENT/RESPONDENT (Respondent No.g is not necessary party) Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the lnterim orders granted on 16.',12.2024 in wP No.35210 of 2024 and also to dismiss this Writ Petition.

Counsel for the Petitioners: SRI BANDAMIDI SWAMY Counsel for the Respondent Nos'1 to 4: AGP FOR LAND ACQUISITION Counsel for the Respondent No.s: GP FOR HOME The Court made the following: ORDER .

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(1 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.352LO of2024 ORDER:

This writ petition has been ftled to declare the action of the respondents, more particularly that of the respondent Nos'3 and 4 in seeking taking over the land and dispossessing the petitioners from the subject land without following due process of Law or without invoking either the Land Acquisition Act or right to Fair Compensation ald Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2O 1 3.

2. Learned. counsel for the petitioner submits that all the petitioners belongs to the same family and subject matter of the writ petition is pertaining to lald in survey Nos. 154/5, 154 126ll to 154126/7 admeasuring Ac-0.625 guntas each tota-lly Ac l1o guntas, situated at Chintapalli Village & Mandal, Nalgonda District' Petitioners submits that originally land was owned and possessed by the grandfather of the petitioners by name Ramaiah' After the demise of the said Ramaiah, the said land was transferred in the name of his four daughters equally, the mother of the petitioners was also got land Ac.1.1O guntas as her share. The mother of the petitioners died in the yea-r 2OO4 and thereafter by an oral partition, the subject land was shared by the petitioner in equal3 proportion i.e., Ac.O.625 guntas each. The said oral partition has

been acted upon in as much as e-patta passbooks were a-lso issued in the name of the petitioners and the names of petitioners have been uploaded in the Dharani Portal. It is further submitted that except the income from the subject land, the petitioners have no other source of income. lt is further submitted that in a neighboring village, the lands of the villagers which were taken over under Rehabilitation scheme have been submerged for the development of Cherlgudam Tank and under the Rehabilitation Scheme.

3. It is submitted that on 08.12.2024, when petitioners went to their respective land which is in a compact block, the subordinates of the respondent Nos.3 and 5 prevented the petitioners from entering into the subject land and informed that the land is proposed to be acquired. Thereafter, the petitioners approached the respondent No.3 on 7O.l?.2O24 arrd were informed that the advance possession will be taken and thereafter notice will be given. The petitioners main grievance is that the respondent Nos.3 and 4 are seeking to take over the land by dispossessing the petitioners from the subject land without following due process of law or without invoking either the Land Acquisition Act or Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Questioning the same the present writ petition is hled.

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4. It is submitted that in the notification dated O7.1O.2O22 uide Form -VII issued under Section 19( 1) of Land Acquisition Rehabilitation Act and Right To Reasonable Compensation Act, 2013 published in the Nalgonda District Gazettee, it was informed that there is a proposal for acquiring land in survey No.154 to an extent of Ac.28.22 guntas. However, the names of the petitioners were not been reflected in the said notification and since their lands are situated in survey No.154, they are effected parties. Petitioners contended that by non inclusion of their names in the notifrcation, the respondents cannot initiate any action bn the subject lands without following due process of law.

5. Respondent No.3 hled a counter and would submit no remarks to the extent of petitioners land in survey No.154 to an extent of Ac. 1 . 10 guntas. It is submitted that on receipt of the requisition proposals for acquisition of the lands from the Executive Engineer, SRVR DLIP Division No.1 1, Marriguda, Nalgonda District, uide Lr.No.EElIrrlDIV.11/MGM/DB/DEE(T)/AEE (T) 2O2O2l/165M, dated 05. 1O.2O2l in survey No.154 to an extent of 4c.28.22 guntas situated in the village limits of Chinthapally Village and Mandal of Nalgonda District for providing R&R Center for Narsireddygudem village of Marriguda Mandal of Nalgonda District whose lands were submerged under Shivannagudem Balancing Reservoir, the Land Acquisition process was initiated e

-] under Right to Fair CompensaLion and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2O 13 and got surveyed the requisitioned land and arrived with reference to the sub-division record for an extent of Ac.28.22 guntas in survey No. 154 of Chinthapally Village & Mandal of Nalgonda District. Based on the preliminar5r notification under Section 11 of RFCT in L.A. and R & R Act, 2013 has been submitted to respondent No.2 i.e., District Collector, Nalgonda District uide Lr.No.Fl98l2022, dated 28.01 .2022 and the same was approved by the District Collector, Nalgonda uide Proc. No. G I I SOla I 2021, dated O2.O2.2O22 and the sEune was has been published in Telangana Extraordinary Gazette issued No. 14, dated O3.O2.

2O22 and the notification has been published in two daily newspapers vi'-, the Capital Information English Daily News Paper on ll -O2-2O22 and Sakshi Telugu News Paper dated 11.O2.2O22. But as per the Sub-Division record and notification no narne of the petitioners are notified and after publication of the notification also, the writ petitioners have not hled any objection petitions or request petitions. Further, some other interested persons have frled objection petitions and thereafter a report was called from the respondent No'4 i'e', Tahisldar, Chintapalli. Later report was submitted by the respondent No.4 uide Lr.No.B/335/2021, dated O2.O5.

l submitted revised enjoyment list. Thereafter, addendum to PN proposals has been submitted by the respondent No.3 uide Lr.No.F 198/2022 dated 12.05.2022 to the respondent No.2 and the sarne was approved by the District Collector, Nalgonda uide Proc.No.Gl/8Ol8l2O2L, dated 18.05.2022 and the same has been putilished in two daily news papers on 30.05.2022 and on 29.05.2022. At that time also the writ petitioners have not raised any objections before the respondents. Subsequently, the Declaration proposals under Section 19(1) of the Act 2O of 20l3 in Form-VII has been submitted by the R.D.O uide Lr.No.F/99/2022, dated 27.09.2022 and the same was approved by the District Collector, Nalgonda utde Proc.No.cl lSO|Bl2O2l dated OZ.tO.2022 arrd the gazett-e to this effect has also publishe d uide No.T4, dated 07.IO.

2O22 and petitioners narnes were also not covered in declaration for subject lands and also no objections were received from the petitioners in stipulated time. Thereafter, respondent No.3 had issued notices under Section 22(ll of Act, 3O of 2O13 for the persons interested, fixing the hearing date for Award Enquiry on 05.03.2023 at 11.30 A.M., in Grampanchayath Offrce, Devarakonda and notices were served to the persons interested through the Mandal Girdavar, Chintapally Mandal by hand on 06.07.2021. Further, it is submitted that market value per acre Rs.

Ei Lr.No.Gl/801812021, dated 19.01.2023 under Section 26 of RFCT in L.A. and R & R Act, 2013 and award has been pronounced by the respondent No.2 uid,e proceedings dated 12.04.2023 and approved by the District Collector, Nalgonda uide Lr.No.Gl/8OlB/2021, dated 1a.O4.2023 for a-n amount of Rs.2,99,67,519/ - (Rupees Two Crores Ninety-Nine Lakhs Sixty Seven Thousand Five Hundred and Ninteen only) and total compensation amount was disbursed to the awardees/affected persons under proper acknowledgment. It is further submitted that the petitioners are having assigned land in survey No. 154/5, 154/2611 to 15412617 to an extent of Ac.l.lo guntas (each an extent of Ac.O.

O625 guntas) in the limits of Chinthapally village arrd Mandal to which they have got issued e-patta passbooks and the subject lands were coming under alignment of acquisition for the purpose of providing House sites under R&R package to the (289) project displaced families of submerged village of Narsireddygudem under Shivannagudem Balancing Reservoir of Dindi Lift Irrigation Scheme. The said survey No.154 of Chinthapally village is having total extent of Ac.96.14 out of which an extent of Ac.8.14 guntas of assig:ned land was already acquired for R&R cener to (110) PDF's of Lingannabavigudem and Puthalaram Thanda of Devarakonda Mandal of Nalgonda District submerged under Gottimukkala Balancing Reservoir under DLIS. An extent of Ac.26.

l assigned land in the same survey No.154 of Chinthapally Viliage and Mandat has also under acquisition for providing R&R center to Laxmanapuram village of Nampally Mandal and trdulagandi Village of Chinthapally Mandal which are submerged under Kistarainpally Balancing Reservoir under DLIS. It is further submitted that the subject lands have been notilied which is middle of the acquired land in favour of other enjoyers and payment of compensatin has a-lso been paid to them. Later on, it is noticed that the petitioners land has under alignment of the acquired land and other assignees covered in the award was claimed without valid title and they received the compensation and the process of recovery of the excess payment disbursed under Section 33(A) of the RFCT in L'A' and R & R Act, 2013 has been initiated under Revenue Recovery Act, 1894 against the defaulters for which neces6ary action was initiated for recovery of the amounts from the excess received awardees.

6. It is further submitted that, it is necessary to acquire the schedule lands of the petitioners for providing the R&R center of Narsireddygudem village which are submerged under Shivannagudem Balancing Reservoir under DLIS and also stated that it is necessary to vacate the PDF's of Narsireddygudem village before the rainy season as the Shivannagudem Balancing Reservoir Project works almost completed and storage of water in the I

\ --.1 \l - i reservoir will be submerge the Narsireddygudem village. Therefore, it is necessary to take advalce possessin of the subject lands which is the part of the acquired land to an extent of Ac.28.22 guntas in survey No.154 of Chinthapally village & Mandal. It is further held that respondents are ready to pay 8O%o advance compensation amount to the petitioners to an extent of Ac.1.10 guntas in survey No. 154 of Chintapalli village under Section 40 of RFCT in L.A. and R&R Act, 2O13 in order to take advance possession of the subject lands to contimre the layout works and necessary action will be initiated for acquisition of the subject land and compensation will be paid to the petitioners as per Land Acquisition, Rehabilitation and Resettlement Act, 2013.

7. Petitioners in their reply affidavit submits that the answering respondent admitted that the land of the petitioners is not covered by notifrcation and that the admitted compensation is actually payable to the petitioners is knocked away by certain individual by misguiding authorities and that no compensation is paid to the petitioners and that when their land is not covered by the notification, the respondent authorities cannot take possession and in support of their submissions, photographs have been hled which shows that the schedule land is under cultivation and now there is jowar crop which is ripe for harvesting and if acquisition of

their land is inevitable then the respondent authorities must follow due procedure of law contemplated under Section 11(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation arrd Resettlement Act, 20 13 and accordingly the petitioners are not only entitled for monetary compensation has to be paid but they are entitled to Rehabilitation Scheme i.e, Assignment of House Site Patta and money of the purpose of construction of the house,

8. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition

9. Admittedly, the land in survey No. 154 of Chinthapally village & Mandal to extent of Ac.28.22 guntas was notified on 07.1O.2022 under Section 19(1) of Land Acquisition Rehabilitation Act and Right to Reasonable Compensation Act, 2O13 and that the respondent No.3-Revenue Divisional Officer of Devarakonda I Revenue Division, Nalgonda District has admitted the claim of the petitioners ald also stated that they are ready to pay the compensatlon.

10. Therefore, in view of the above said findings, petitioners are directed to place relevant documents in support of their title before the Revenue Divisional Officer of Devarakonda Revenue Division, Nalgonda District within a period of one (O1) week from @

'1 l0 the date of receipt of a copy of this order and after verification of the documents placed by the petitioners, respondent No.3 authority is directed to pay the compensation to the petitioners within a period of three weeks thereafter strictly in accordance to law. It is made clear that the petitioners shall also be entitled for the compensation under R&R package in terms of and Right to Reasonable Compensation Act, 20 13 on par with the other land losers who are affected by the said project, if they are otherwise eligible.

1 1. With the above said direction, this writ petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed. However, there shall be no order as to costs. SD/-A. SRINIVASA R ASSISTANT REGI DDY RAR //TRUE COPY// SECTION OFFICER To, '1. The Principal Secretary Revenue Department Secretariat, The State of Telangana, Hyderabad.

2. The District Collector, Nalgonda District At Nalgonda.

3. The Revenue Divisional Officer, Deverakonda Revenue Division Nalgonda District.

4. The Tahsildar, Chinthapalli Mandal Nalgonda District.

5. The Station House Officer, Chinthapalli Police Station Chinthapalli Mandal, Nalgonda District.

6. One CC to Sri Bandamidi Swamy, Advocate [OPUC]

7. Two CCs to GP for Land Acquisition, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CC to The GP for Home, High Court for the State of Telangana, at Hyderabad[OUT]

9. Two CD Copies TJ BS q-v

j I I II I i I I HIGH COURT i DATED:0310412025 {{ 1H o ) i)) 2 7 lutl

ORDER

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Z WP.No.35210 of 2024 * -,r^,CH DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6 3{