THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION Nos.3420, 9146 & 25664 of 2019 and 2188 of 2020
COMMON ORDER: (per the Hon'ble the Chief Justice Alok Aradhe)
Mr. K.S.Murthy, learned Senior Counsel represents
Mr. Ch. Ravi Kumar, learned counsel for the petitioners.
Mr. Andapalli Sanjeev Kumar, learned Special
Government Pleader appears for the official respondents.
The petitioners in this batch of Writ Petitions are the owners of various parcels of agricultural land situate at Kochagattupally Village, Chilakalapally Panchayat, Chinnakodur Mandal, Siddipet District. The land held by the petitioners was required for the purpose of construction of irrigation project, namely, Kaleshwaram Project. The petitioners sometime between June and August, 2016, entered into agreements with the respondents for receipt of compensation in respect of their agricultural lands.
2. A notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter CJ & NVSK, J 2 W.P.No.3420 of 2019 and batch referred to as 'the 2013 Act') on 20.12.2017 was issued. On 22.12.2017, an environment clearance for Kaleshwaram Project was issued.
3. The petitioners submitted objections on 04.02.2018 with regard to the notification issued under Section 11(1) of the 2013 Act. Thereafter, the District Collector in purported exercise of powers under Section 19(7) of the 2013 Act on 28.02.2019 extended the validity of the notification issued under Section 11(1) of the 2013 Act.
4. The petitioners have filed these petitions, in which, validity of preliminary notification under Section 20.12.2017 issued under Section 11(1) of the 2013 Act was challenged primarily on the ground that the same has lapsed. The petitioners also assailed the action of the respondents in taking possession of their agricultural lands and residential houses. The petitioners in addition sought a direction to the respondents to initiate proceedings under Section 11 of the 2013 Act afresh for acquisition of their agricultural lands and residential houses.
CJ & NVSK, J 3 W.P.No.3420 of 2019 and batch
5. A Division Bench of this Court vide judgment and orders dated 03.06.2020, 10.07.2020 and 03.09.2020 allowed the Writ Petitions and issued consequential directions. The aforesaid judgment and orders passed by the Division Bench of this Court were assailed by the State Government before Hon'ble Supreme Court in SLP(C) Nos.10093-10096 of 2020. The Hon'ble Supreme Court by an order dated 16.03.2021 disposed of the appeals. The aforesaid order reads as under:
"Leave granted.
These appeals take exception to the judgment and orders dated 03.06.2020, 10.07.2020 and 03.09.2020 passed by the High Court of Judicature for the State of Telangana in Writ Petition Nos.37769 of 2017, 16344, 21740 and 26575 of 2019, Writ Petition Nos.3420, 9146 and 25664 of 2019 and Writ Petition No.2188 of 2020 respectively, whereby the High Court allowed these Writ Petitions and issued consequential directions to the appellants.
Heard learned counsel for the parties.
For the nature of order that we propose to pass, it is not necessary to advert to the factual matrix of the case or the details noted in the impugned judgment.
In our opinion, it is appropriate that the impugned judgment and order is set aside and parties are relegated before the High Court for reconsideration of the Writ Petitions afresh on their own merits and in accordance with law. Ordered accordingly.
We restore the Writ Petitions to the file of the High Court to its original numbers and request the Chief Justice of the High Court to take all these writ petitions for hearing expeditiously.
CJ & NVSK, J 4 W.P.No.3420 of 2019 and batch To observe sobriety, we refrain from expressing any opinion which may cause avoidable embarrassment to constitutional functionaries.
However, we place on record statement made on behalf of the State of Telangana that no request for adjournment, on any count, will be sought when the matter is fixed for hearing before the Chief Justice's Court.
The parties to appear before the Chief Justice's Court on 26.03.2021.
The appeals are disposed of in the above terms."
In the aforesaid factual background, these petitions have come up for consideration before us.
6. Learned Senior Counsel for the petitioners at the outset invited attention of this Court to para 8 of the memo dated 04.07.2023 filed in respective Writ Petition Nos.3420, 9146 & 25664 of 2019 and para 6 of the memo dated 04.07.2023 in Writ Petition No.2188 of 2020 and submitted that the grievance of the petitioners is confined to para 8 of the memo dated 04.07.2023 filed in the respective Writ Petition Nos.3420, 9146 & 25664 of 2019 and para 6 of the memo dated 04.07.2023 in Writ Petition No.2188 of 2020. It is further submitted that the writ petitions be disposed of by directing that claim of the petitioners except the petitioners to CJ & NVSK, J 5 W.P.No.3420 of 2019 and batch whom the compensation has already been paid, be examined by the competent authority within a fixed time limit.
7. On the other hand, learned Special Government Pleader submits that the claims of such of the petitioners, to whom the benefit of compensation has not been extended, shall be examined by the Revenue Divisional Officer, Siddipet, within a period of two (2) months from today by a speaking order and the amount due to them shall be paid to them.
8. We have considered the rival submissions made on both sides. Para 8 of the memo dated 04.07.2023 in Writ Petition No.3420 of 2019 reads as under:
"It is humbly submitted that, taking into consideration the subsequent developments and peculiar circumstances of the case, the consequential relief that may be extended to the petitioners is herewith presented below for kind consideration of this Hon'ble Court.
a. All the Petitioners whose agricultural lands were procured under G.O.Ms.No.123 dt.30.07.2015 as amended by G.O.Ms.No.214 dt.28.11.2015, in the year 2016 are to be paid applicable monetary portion of R&R entitlements for the loss of their agriculture lands and livelihoods, as per the Schedule to G.O.Ms.No.120 dt.30.06.2017, r/w Section 1(2) and 31 A of state amendment Act 21 of 2017, along with applicable interest from the due date.
b. Petitioners (1, 5, 6, 11, 13, 14, 25, 26, 27) who are not at all paid any compensation till date for acquisition of their dwelling CJ & NVSK, J 6 W.P.No.3420 of 2019 and batch houses/house sites are to be paid such compensation, by considering the structure estimates submitted by them and the market value of the lands as provided to the consent awardees, along with applicable interest from the date of preliminary notification, i.e 20.12.2017 and appropriate costs towards the damage and suffering caused to the petitioners.
c. The above set of petitioners are also to be paid full R&R entitlements including 250 sq.yards of house plot, as per the law and on par with other PDFs, along with applicable interest from the date of displacement, i.e 19.04.2020 as well as costs towards suffering caused to them due to displacement without payment of R&R.
d. Petitioners (2, 9, 28, 35, 26) who were provided cheques towards their compensation and R&R entitlements in April, 2020, but certain cheques were stopped from payment thereafter, are to be paid the balance amounts as mentioned in the said cheques, along with applicable interest from the date of displacement, i.e 19.04.2020 and appropriate costs towards the damage and suffering caused to the petitioners.
e. Petitioners (24 and 28) who are declared ineligible by the respondents for receipt of R&R entitlements on any of the grounds, may be provided an opportunity to place necessary documents before the concerned authorities, to enable the authorities to pass fresh orders at the earliest.
9. Para 8 of the memo dated 04.07.2023 in Writ Petition No.9146 of 2019 reads as under:
"It is humbly submitted that, taking into consideration the subsequent developments and peculiar circumstances of the case, the consequential relief that may be extended to the petitioners is herewith presented below for kind consideration of this Hon'ble Court.
CJ & NVSK, J 7 W.P.No.3420 of 2019 and batch a. Petitioners (9, 10 and 11) who are not at all paid any compensation till date for acquisition of their dwelling houses/house sites are to be paid compensation by considering the structure estimates submitted by them and the market value of the lands as provided to the consent awardees, along with applicable interest from the date of preliminary notification, i.e 20.12.2017 and appropriate costs towards the damage and suffering caused to the petitioners.
b. The above set of petitioners are also to be paid full R&R entitlements including 250 sq.yards of house plot, as per the law and on par with other PDFs, along with applicable interest from the date of displacement, i.e 19.04.2020 as well as costs towards suffering caused to them due to displacement without payment of R&R.
c. Petitioners (1, 2, 3, 4, 5, 6 and 8) who were provided cheques towards their compensation and R&R entitlements in April, 2019, but certain cheques were stopped from payment, are to be paid the balance amounts as mentioned in the said cheques, along with applicable interest from the date of displacement, i.e 19.04.2020 and appropriate costs towards the damage and suffering caused to the petitioners.
d. Any petitioners who are declared ineligible for receipt of R&R entitlement by the respondents on any of the grounds, be provided opportunity to place necessary documents before the concerned authorities, to enable the authorities to pass fresh orders at the earliest.
10. Para 8 of the memo dated 04.07.2023 in Writ Petition No.25664 of 2019 reads as under:
"It is humbly submitted that, taking into consideration the subsequent developments and peculiar circumstances of the case, the consequential CJ & NVSK, J 8 W.P.No.3420 of 2019 and batch relief that may be extended to the petitioners is herewith presented below for kind consideration of this Hon'ble Court.
Petitioners to be provided full R&R package (Rs.7.5 lakhs as monetary portion, 250 sq.yards of house plot along with constructed house or Rs.5.04 lakhs for house construction) on par with the R&R package extended to the married Project Displaced Families as per G.O.Rt.No.282 dt.01.07.2019 along with applicable interest from the date of displacement i.e 19.04.2020 and appropriate costs towards the damage and suffering caused to the petitioners.
11. Para 6 of memo dated 04.07.2023 in Writ Petition No.2188 of 2020 reads as under:
"Now, taking the above circumstances into consideration, if this Hon'ble Court declares the petitioners as eligible for full R&R package on par with the other married PDFs, relief may be granted as prayed for along with appropriate interest and costs for the delay and deprivation of the R&R package at the appropriate time."
12. The entitlement of petitioners to claim compensation as well as benefits under Rehabilitation & Resettlement Scheme and other benefits has to be adjudicated by a Competent Authority. Therefore, in view of the consensus arrived at between the parties and in view of the fact that the petitioners have confined their grievance to para 8 of the memo dated 04.07.2023 filed in the respective Writ Petition Nos.3420, 9146 & 25664 of 2019 and para 6 of the memo dated CJ & NVSK, J 9 W.P.No.3420 of 2019 and batch 04.07.2023 in Writ Petition No.2188 of 2020. It is directed as follows:-
(i) It will be open to the petitioners to file documents in support of their claim before the Revenue Divisional Officer, Siddipet, within a period of one (1) week from the date of receipt of a copy of this order.
(ii) Thereupon, the Revenue Divisional Officer, Siddipet, shall consider the claims of the petitioners within a period of two (2) months from today by a speaking order.
(iii) Needless to state that the amount due to the petitioners shall be paid within a further period of two (2) weeks of determination of their entitlement along with interest as per the provisions of the 2013 Act.
(iv) Petitioner Nos.2, 9, 26, 28 and 35 in Writ Petition No.3420 of 2019 were given the cheques towards compensation and rehabilitation and resettlement CJ & NVSK, J 10 W.P.No.3420 of 2019 and batch entitlement on 09.04.2020. However, the aforesaid cheques were stopped for payment by the respondents. Therefore, the amount was not paid to them. The amount due to aforesaid petitioners, namely, 2, 9, 26, 28 and 35 in Writ Petition No.3420 of 2019 has been paid on 14.08.2023.
Therefore, in terms of the mandate contained in Section 80 of the 2013 Act, it is directed that they shall be entitled to interest @9% per annum on the aforesaid amount from the date it became due and thereafter, @15% per annum till 14.08.2023.
With the aforesaid directions, the petitions are disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V. SHRAVAN KUMAR, J th 4 SEPTEMBER, 2023.
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