G.Ramesh,Krm Dist v. State Of Ap,Prl.Scy,Revenue,Hyd,And 4

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IN THE HIGH COURT FOR THE STATE OF TELANGANA'

AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO:1f86 7 0F 2014 Between:

G. RAMESH, Sio. Mallaiah, aged about 48 years Occupation: Agriculture, R/o. Velgipoor village Ellanthakunta Mandal; Karimnagar District. ...PETITIONER AND

1. The State of Andhra Pradesh, Represented by the Principal Secretary, Revenue Department (Land Acquisition) Andhra Pradesh, Secretariat, Hyderabad.

The Special Collector, L.A. Unit, S R.S.P., Sri Pada Project and J.C-R.G.L. 1.P., Huda Complex, Taranaka, Hyderabad. The Special Deputy Collector, L.A. Unit, S.R.S.P., F.F.C. ll., LMD Colony, Karimnagar.

The Collector, (Land Acquisition), Karimnagar, Karimnagar district.

5. The Tahsildar, Ellanthakunta Mandal Karimnagar District ...RESPONDENTS 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 or order or direction more particularly one in the nature of a writ of Mandamus directing the respondents, particularly the 4th respondent to acquire of the petitioner land of an extent of 6 acres, i.e., 2 acres each in Survey numbers 184, 186 (AA) and 186 (AAA) respectively and well admeasuring 68.901feet depth and 45.852 feet length and '16.405 feet breadth along with pipe line in Velgipoor village of Ellanthakunta Mandal, Karimnagar district under Section 24 (1) (a) and pass award under Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement act, 201 3 (No. 30 of 2013)

lA NO: 'l OF 2018 Pelition under Section 151 CPC praying that in the circumstahces stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to file addit;onal affidavit in !he writ petition No. 1 1867 of 2014.

LA. NO: 1 OF 2014(WPMP. NO: 14936 OF 2014) 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 direct the respondents particularly the 4th respondent to acquire the petitioner land of an extent of 6 acres, i.e., 2 acres each in Survey numbers 184, 186 (AA) and 186 (AAA) respectively and well admeasuring 68.901feet depth and 45.852 feet length and 16,405 feet breadth along with pipe line in Velgipoor village of Ellanthakunta Mandal, Karimnagar distirct under Section 24 (1) (a) and pass award under Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Reseftlement act, 2013 (No. 30 of 201 3) lA NO: I OF 2019 Petrtion under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to file additional material papers in the writ petition No. 11867 of 2014.

Counsel for the Petitioner: SRI M. JAGANNATHA SARMA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER I

r-r THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO.11867 OF 2OI4 ORDER:

This is a case where the land of the petitioner situated in Survey Nos.184 and 186 of Velgipoor Village, Ellanthakunta Mandal, Karimnagar District, together with a well situated in Survey No. 184 of the said Village was sought to be acquired by issuing a notification under Section 4(1) and 6 of the Land Acquisition Act, 1894 ("the Act, 1894" for brevity) dated 19.O8.2012 and 20.O8.2012 respectively by invoking the urgency clause under Section 17(1) of the Act, 1894. Through the said notifications, the possession of the land was also taken over by the respondents for the purpose of construction of underground tunnel of Pranahitha Chevella Sujala Sravanthi Project Scheme. However, no compensation is paid to the petitioner and no award is passed till date. Aggrieved by such inaction on the part of the respondents, the petitioner approached this Court by filing the present Writ Petition seeking a direction to the respondents to acquire the land that was taken over by the respondents by invoking the urgency clause under Section 17 of the Act, 1894 and to pay compensation for the same.

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l IlISK,J 11,.P.NO.11867 0F 2014 2.

According to Mr. M. Jagannatha Sarma, learned counsel for the petitioner, the petitioner is the absolute owner and possessor of a total extent of Acs.6.00 gts i.e. Acs.2.00 gts each situated in Survey Nos. 184, 186(AA) and 186(A,4A) of Velgipoor Viliage, Ellanthakunta Mandal and that there was a well existing in Survey No.184, '"vhich is the source of irrigation for the entire extent of Acs.6.00 gts of land. Out of the said extent of Acs.6.0O, the land admeasuring Ac.0.32 gts in Survey No.184 and Ac.O. 18 gts in Survey No.186 has becn acquired by the respondents by taking over possession together with a well existing in Survey No.184 but no compensaijon is paid till date. He further contended that the respondents in the counter stated that they have intended to delete the subject land from the acquisition proposals on the ground that tl.

e surface of the land is available for cultivation and as such there is no necessity to pay compensation, but such a plea is not available to the respondents. He further contended that, once possession is taken over by the respondents, the question of withdrawal of proposal from acquisition does not arise tr the light of Section 48 of the Act, 1894.

MSK,J w.P.NO.11867 oF.2,OL4 the Hon'ble Apex Court in the case of Indore Development Authority v. Manoharlaf.

3.

From a perusal of the counter affidavit, it is noticed that there is no dispute about taking over possession of the subject property by the respondents for construction of underground tunnel but after having constructed the underground tunnel, the respondents appear to have felt that the surface of the subject land is available to the petitioner to cultivate and as such, there is no necessit5r to acquire the subject land and intended to delete the same from the acquisition proposal. For that reason, the respondents stated to have not passed any award nor paid compensation to the petitioner. The relevant portion from the counter affidavit filed by the respondents reads as under:- "Further, it is submitted that, the Special Collector, LA, SRSP, Hyderabad has physically inspected the Lands including the lands in Sy.No.

184, 186 and 23ll existing in Sy.No.184 which are coming under ground tunnel for Pranahita Chevella Sujala Sravanthi Project Scheme in the limits of Velgipur Village of Eltanthakunta Mandal. Duriug tbe physical veriticatloB ofthe lands, the Special Collector, L.A., SRSP, Hyderabad has fouad that these lands are comiug under acquisltlon of undergrouad tunnel in the llmlts of Velglpur Vtllage of Ellanthakunta Mandal, Karimnagar District lncludlng the lands in Sy.Nos.184, 186 and well as per the requlsition as the surface lands including subject lands in the presert Wdt petition are not effecting physically and the said surface lands are fit for cultivation. In this regatd, the Special Deputy Collector, issued letter to the Executive Eagineer, Divisiou No.4 of IFFC, Circle-I, Rekurthy, Kothapally on 23.oL.

2O13 seeking proposals for deletioa of lands.

MSK,J W.P.NO.11867 0F 2014 Accordingly in response to the said letter the Executive Engineer Division No.4 of IFFC, Circle-[, Rekurthy, Kothapally, 2013 has submitted deletion proposals vide his Lr.No.EE/Divn4|[FFC/TS/T3l17 2-76/M, Dated 8-12- duly showing the Survey Number rvise particulars.'

4.

Section 48 of the Act, 1894 enables the Government to withdraw from the acquisition of any land of which possession has not been taken, but there is no such provision to withdraw when possession was taken. It is settled law that under Section 48 of the Act 1894, the question of withdrawal from the acquisition proposal does not arise in respect of land of which possession has already been taken by the respondents. Such a withdrawal of proposal for acquisition is only permissible in respect of the lands of which possession has not been taken by I the respondents. As rightly contended by the learned counsel for the petitioner in the judgment Indore Development Authority v. Manoharlal (1 supra), a Constitutional Bench of the Hon'ble Apex Court held as under:- "Under Section 48 of the 1894 Act, withdrawal of the land acquisition proceedings was permissible only if the possession has not been taken under Section 16 or 17(1). Section .18 is extracted hereunder:

"48. Completion of acquisltion not compulsory, but compensatlon to be awarded uhen not completed - (1) Except in the case provided for in Section 36, the Govemrnent shall be at liberty to withdraw from the acquisition of any land of which possession has not been taken.

(2) Whenever the Government withdrarvs from any such acquisition, the Collector shall determine the amount of compensation due for the damage suffered by the owner in consequence of the notice or of any proceedings thereunder, and shall pa-.u such amount to the person interested, together with all costs reasonably incurrcd by him in the prosecution of the proceedings under this Act relating to the said lard.

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/'/ MSK,J W.P.NO.11A67 0F 2014

(3) The provisions of Part III of this Act shall apply, so far as may be, to the determination of the cempensation payable under this section.'

In case possession has been taken, there cannot be any withdrawal from the land acquisition proceedings under the 1894 Act."

In the light of the law laid down by the Hon'ble Apex Court holding that in case possession has been taken, there cannot be any withdrawal from the land acquisition proposals under the Act, 1894.

5.

The stand of the respondents is that there is no necessity to acquire the subject land and their further action in not taking up the further proceedings by passing award under the Act, 1894 for payment of compensation is bound to be deciared as illegal and highly arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India. Further, the respondents having dispossessed the petitioner from his patta land as early as in the year 2012, failed to pay compensation till date nor communicated anything to the petitioner, about their intention not to acquire etc. Such an action on the part of respondents is nothing but an atrocity on the petitioner and such an action on the part of the State is liable to be condemned with iron hand. If this Court remains as silent spectator to such acts of lawlessness, this Court would be failing in its duty to discharge the obligation cast on it under the Constitution of India. As the !

MSK,J W.P.NO.11867 0F 2014 Act, 1894 is already repealed w.e.f. 01.01.2014, the respondents are bound to initiate acquisition of the subject land, which is already taken over by the respondents undcr the provisions of the Right to Fair Compensation and Transparenry in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Act, 2013" for brevity).

6.

Accordingly, the Writ Petition is allowed with costs directing the respondents to initiate proceedings for acquisition of the subject land admeasuring Ac.0.32 gts in Survey No. 184 and Ac.0.1B gts in Survey No. 186 of Velgipoor Village, Ellanthakunta Mandal, Karimnagar District, together with a well existing in Survey No.184 and pass an award under Section 23 of the Act, 2013 and pay compensation to the petitioner. The entire exercise, as directed above, shall be completed 'a'ithin a period of six (6) months from the date of receipt of a copy of this order.

The costs are quantified at Rs.50,00O/ - (Rupees fifty thousand only) payable to the petitioner within a period of one

(1) month from the date of receipt of a copy of this order. Mlscelianeous applications, if any, pending shall stand closed. MEMORANDUM OF COSTS \ w.P.NO.11867 0F 2014 Rs. Ps Costs Quantified by The Hon'bte Court Rs 50,0001 (Rupegs Fifty Thousand Onty) Payable to the Petitioner within a period bf One (1) month from the date of receipt of a copy of this order.

50,000-00 TOTAL 50,000-00

Sd/.MOHD SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// V , sEcloN 6Frtcen I \ One fair copy to the Hon'ble SRI JUSTICE MUMl,llNENl SUDHEER KUMAR (For His Lordship's Kind Perusal) To,

1. The Principal Secretary, Revenue Department (Land Acquisition) The State of Telangana, Secretariat, Hyderabad.

2. The Special Collector, L.A. Unit, S.R.S.P., Sd Pada Project and J.C.R.G.L.l.P., Huda Complex, Taranaka, Hyderabad.

3. The Special Deputy Collector, L.A. Unit, S.R.S.P., F.F.C. ll., LMD Colony, Karimnagar.

4. The Collector, (Land Acquisition), Karimnagar, Karimnagar district.

5. The Tahsildar, Ellanthakunta Mandal Karimnagar District.

6. 11 L.R. Copies

7. The Under Secretary, Union of lndia, Ministry of Law, Justice and Company affairs, New Delhi.

8. The Secretary, Telangana Advocates Association Library, High Court Buildings, Hyderabad.

9. One CC to SRI M. JAGANNATHA SARMA, Advocate [OPUC] 10.Two CCs to GP FOR LAND ACQUISITION, High Court for the State of Telangana. [OUT] 1 I . Two CD Copies BN BS et

HIGH COURT DATED:3011212022 \ t I I I a 1t [tB 68 :.)

ORDER

WP.No.11867 of 2014 -*...,-,-.-'

ALLOWING THE WRIT PETITION WITH COSTS \,