Telangana High Court
Vasireddy Appa Rao vs The Union Of India And 5 Others on 29 November, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT OF TELANGANA AT HYDERABAD
WRIT PETITION No.3901 OF 2023
Between:
Vasireddy Appa Rao
... Petitioner
And
The Union of India and others
... Respondents
JUDGMENT PRONOUNCED ON: 29.11.2023
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
1. Whether Reporters of Local newspapers : yes
may be allowed to see the Judgment?
2. Whether the copies of judgment may be
marked to Law Reporters/Journals? : yes
3. Whether Their Lordships wish to
see the fair copy of the Judgment? : yes
___________________
SUREPALLI NANDA, J
2
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THE HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.3901 OF 2023
% 29.11.2023
Between:
# Vasireddy Appa Rao
..... Petitioner
And
$ The Union of India and others
... Respondents
< Gist:
> Head Note:
! Counsel for the Petitioner : Mr M.Prateek Reddy
^ Counsel for Respondent No.1: G.P. for Revenue
^ Counsel for Respondent No..2, 3 &6: G.P. for Revenue
^ Counsel for Respondent Nos.4 and 5:Padma Rao Lakkaraju
Standing counsel for NHAI
? Cases Referred:
1. (2011) 15 SCC 383
2. 2013 (14) SCC 737
3. 2011 (12) SCC 375
4. 2010(1) SCC 242
5. 2009 (14) SCC 28
6. 2004 (8) SCC 453
7. 2004 (8) SCC 14
3
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HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.3901 OF 2023
ORDER:
Heard Mr M.Prateek Reddy, the learned counsel
appearing on behalf of the petitioner, Mr G.Praveen
Kumar. Learned Deputy Solicitor General of India
appearing on behalf of respondent No.1, learned
Government Pleader for Revenue appearing on behalf of
respondent Nos.2, 3 and 6 and Mr Padma Rao Lakkaraju,
learned standing counsel appearing on behalf of
respondent Nos.4 and 5.
2. This Writ Petition is filed to issue a Writ of Mandamus
declaring the action of the 3rd respondent in issuing Land
Acquisition Award vide Rc.No.G1/2078/2018-Structure, dated
27.12.2022 without conducting a proper valuation of red
sandalwood and sandalwood trees on the Petitioner's land
measuring Ac. 11.27 Gts of agricultural land in Survey Nos.
1254, 1254/AA, 1263, 1264, 1265, 1274/AA at Yerraboinapally
Village, Kalluru Mandal, Khammam District, Telangana, the
action of Respondent No.1 in issuing notification under Section
3D of the National Highways Act, 1956 published in Central
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Gazette No. 4862, dated 16.12.2021 and in issuing notification
under Section 3D of the National Highways Act, 1956 in Central
Gazette No. 3463, dated 30.10.2020 without disposing the
petitioner's objections under Section 3C of the said Act and the
actions of the 5th respondent in attempting to fell the said red
sandalwood and sandalwood trees on the Petitioner's land as
illegal and unjust and consequently, direct the respondents not
to interfere with the red sandalwood and sandalwood trees on
the Petitioner's land without conducting a proper and reasonable
valuation of the said trees.
3. The case of the Petitioner, in brief, is as follows:
a) Petitioner is the absolute owner and possessor of the land
admeasuring AC. 11.27 Guntas at Yerraboinapally Village,
Kalluru Mandal, Khammam District, Telangana having purchased
the same vide registered sale deed dated 14.10.2009 bearing
document No.2557 of 2009. The petitioner had been using the
said land for growing certain crops and moreover, the said land
had several sandalwood, red sander, mango and other trees,
which the petitioner had been caring.
b) The Red Sandalwood and Sandalwood trees were already
five years old when the petitioner had purchased the land. In the
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year 2020, the Government of India had proposed to acquire
land for laying, four lane road from Khammam to Devarapally.
c) Government of India initially appointed the Joint Collector,
Khammam as the Competent Authority Land Acquisition (CALA)
and later the Additional Collector, Khammam was appointed as
Competent Authority Land Acquisition (CALA).
d) The 1st respondent issued a public notice dated 09.11.2020
in the Newspaper for acquiring land for the above mentioned
project, which included the land of the petitioner, to an extent of
Ac. 2.20. Petitioner then made a representation to Joint Collector
dated 27.11.2020 raising certain objections.
e) Thereafter, petitioner made further representation on
24.02.2021 to the District Collector & Magistrate, Khammam
District referring to the auction conducted on the sale of Red
Sandalwoods logs for Government of Andhra Pradesh and
requested for reasonable compensation for petitioner's red
sandalwood and the same had been forwarded to the Tahsildar
vide letter dated 16.12.2020 directing to conduct a field
inspection.
f) The Land Acquisition Authorities have requested multiple
forest officers in and out of Telangana State, with regards to the
procedure for acquiring lands with sandalwood trees.
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g) The objections raised in representations of the petitioner
were not disposed by the land acquisition authorities and
moreover it is evident that the Government has no knowledge
about the procedure to be followed for determining the amount
of land acquisition compensation for red sandalwood and
sandalwood trees and despite the same, the 3rd respondent
issued award vide Rc.No.G1/2186/2019-Structure Award dated
05.03.2022 disposing of the petitioner's representation, without
granting an opportunity for hearing to the petitioner.
h) CALA, has deposited money into petitioner's account on
certain dates, against which the petitioner had written to the 3rd
respondent and protested, against the respondents depositing
amount in to petitioner's account arbitrarily. Petitioner then
issued legal notices dated 08.03.2022 and 19.07.2022 upon the
1st, 3rd and 4th respondents objecting the arbitrary deposits of
amounts and requested the information regarding the
determination of compensation amount and the award
proceedings.
i) On 18.09.2022, the 3rd respondent had illegally chipped off
the substantial parts of the trunks of the red sandalwoods trees
without giving any notice to the petitioner. Aggrieved by the
action of the respondents, petitioner filed W.P. No. 36682 of
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2022 and the court had passed orders on 22.09.2022
condemning the action of the respondents in chopping and
damaging the red sandalwood trees in the petitioner's land
without determining and paying adequate compensation and to
have a valuation of the trees on the petitioner's land.
j) The impugned award proceedings dated 27.12.2022 were
never issued on the petitioner and a certain amount was credited
into the petitioner's account for the trees which were chipped off.
The officials from National Highway Authority of India (NHAI)
entered petitioner's land and threatened to chop other Red
Sandalwood trees too, as the award had already been passed.
Petitioner procured a copy of the notice from the official website
as no notice had been served on him and the same is illegal.
k) Moreover, as per section 3G(5) of the National Highways
Act, 1956, if the amount is determined by the competent
authority under section 3G (2)(1) of the National Highways Act,
1956 and the same is not acceptable by either of the parties,
than it is for the Arbitrator, appointed by the Central
Government to determine the price. But in the instant case, the
respondents have not followed any procedure in at the valuation
of the price, which would make it impossible for the authorities
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or arbitrator to arrive at a fair valuation. Hence the present Writ
Petition.
4. The counter affidavit filed by respondent No.3, in
particular paras 3, 4 and 6 read, as under:
"3. In reply to the averments made in Para Nos.1 to 3 of
the Petitioner's affidavit, it is submitted that, the present
writ petition is filed to direct the respondents not to
interfere with the red sandalwood and sandalwood trees on
the petitioners land measuring Acs.11.27 guntas of
agricultural land in Sy.No.1254, 1254/AA, 1263, 1264,
1265, 1274/AA situated at Yerraboinapally Village of
Kalluru Mandal, Khammam District. The Government of
India, Ministry of Road Transport and Highways has filed
requisition proposals for construction of four lane
Khammam-Devarapalli Greenfield National Highway
connecting Telangana & Andhra Pradesh States under
Economic Corridor under Bharathmala Pariyojajna. The
Respondent No.2 i.e., District Collector, Khammam has
issued orders appointing the Joint Collector, Khammam
District as Competent Authority. The Goverment of
Telangana Vide G.O.Ms.No.399 GA (Spl.A) Dept dated:
09.02.2020 has appointed the Additional Collectors in all
the District of Telangana in place of the Joint Collectors. As
such the Additional Collector, Khammam District is the
Competent Authority for Land Acquisition for the subject
acquisition of land vide proceedings Rc.No.G1/2078/2018
and Respondent No.3. Accordingly, the Competent
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Authority has issued the following Preliminary Notifications
u/s 3(A) of the National Highway Act 1956 calling for
objections if any.
4. In reply to the averments made in Para Nos.4 and
5 of the Petitioner's affidavit, it is submitted that, in
response to 3A notifications, those land losers who
have filed objection petitions under section 3(c)
within the statutory period, the Competent Authority
has issued notices to the objection petitioners and
conducted hearing u/s 3 (C) of the National Highway
Act, 1956. Thereafter, the orders U/s. 3(c) was
passed on 21.07.2020. It is to state that the
petitioner himself averred that 3(c) objections were
filed on 27.11.2020 after conducting of 3(c) enquiry.
Thereafter, 3(D) was issued on 29.10.2020 and
award enquiry notices U/s.3G were issued on
07.11.2020 and the petitioner appeared on
27.11.2020, the attendance sheet is being filed as
material paper. Therefore, the contention that no
opportunity was given is being denied.
6. In reply to the averments made in Para Nos.8 and 9 of
the Petitioner's affidavit, it is submitted that as per the
award proceedings of the Competent Authority the
following agricultural lands of the writ petitioner herein has
been acquired by the Government for this project;
S.No. Award No. Survey No. Extent in Compensation
sq.Mtrs. amount
01. 1264 2150.000 Rs.12,89,954.00
02 G1/2188/2019, 1265 1517.571 Rs.9,10,510,00
Dt.23.12.2021
03. 1267 107.136 Rs.64,279.00
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04 1266 1112.885 Rs.6,67,707.00
05. G1/2188/2019-2 1264 176.942 Rs.1,02,517.00
Dt. 05.01.2022
06. 1267 550.478 Rs.3,18,939.00
Total 5615.012 Rs.33,53,906.00
After passing of the award and after depositing the
required compensation amount by the National Highways
Authority of India, the compensation amount has been
credited into the bank accounts of the land losers duly
collecting the bank accounts of the land losers from the
Tahsildars concerned to avoid the delay in the
disbursement of the compensation. The land losers have
voluntarily given their bank accounts. The writ petitioner
herein has also submitted his Bank Account
No.62132461450 State Bank of India, Rotary Nagar Branch
Khammam. Accordingly the Competent Authority has
deposited the compensation amount awarded to the writ
petitioner an amount ofRs.33,53,906.00 (Rupees Thirty
Three lakhs fifty three thousand nine hundred and six only)
and also structure values compensation an amount of
Rs.7,80,902/- (Rs.Seven lakhs eighty thousand nine
hundred and two only).
5. Counter affidavit filed by the 5th respondent in
I.A.No.2 of 2023 in W.P.No.3901 of 2023, in particular
paras 3, 4, 5 and 6, read as under:
"3. I submit that the Khammam Devarapally Section of
NH- 365 BG is important Project aimed to improve
connectivity between Khammam in Telangana State to
Devarapally in Andhra Pradesh. Total Length 162.126 km.
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It is a Green field alignment and Land acquisition has been
carried out as per NH Act 1956. The petitioner is one
among the land parties and his lands contain 96 no's of
Red Sandal Trees, which are still in standing in the project
highway.
4. National Highway Authority of India, PIU
Khammam Uls. 3 (a) Gazette of India notified the joint
collector, Khammam as the Competent Authority for Land
Acquisition (CALA) and the same was later treated as
Additional Collectors after their appointment in the district
vide GO. Rt.No.399 dt. 09.02.2020. Therefore, the
Additional Collector, Khammam is supposedly the
Competent Authority, Land Acquisition under the Act, and
authorise totake up Land Acquisition.
5. In reply to paras 4, 7 & 8 it is submitted that the
petitioner's land admeasuring an extent of 4887.592 sq.
mts. In sy.no. 1264, 1265, 1266, and 1267 has been
proposed to be acquired. And U/s. 3 A Notification
published in the News Papers Mana Telangana & The Hans
India on 14.01.2020. After publication of 3A notification,
certain objections were received from the concerned land
losers / interested persons. Accordingly, the CALA & Addl.
Collector, Khammam has conducted 3C hearing with the
concerned and after hearing all the objections raised by
them, the CALA has disposed off the objections and issued
orders vide proceedings RC.No.G1/2078/2018, dated
21.07.2020 to proceed further. 3D Notification vide S.O.
No. 3927€, dated 29.10.2020 and 3G public notice has
been published in the News papers by CALA cum Addl.
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Collector, Khammam G1/2186/2019, dt. 07.11.2020 in The
Hans India on 09.11.2020 and Mana Telangana on
10.11.2020 and conducted 3G Enquiry on 01.12.2020.
Then the 3G award was passed for an amount of Rs.
29,32,450/- and the same was deposited to the land looser
by CALA, Khammam.
6. I submit further that also land admeasuring an
extent of 727.42 sq. mts. In sy. No. 1264, 1267 has been
proposed to be acquired U/s 3A Notification published by
MORTH vide Gazette S.O. No. 4577( E ), dated
17.12.2020and the same was published in the News
Papers Mana Telangana & The Times of India on
25.12.2020. After publication of 3A notification, certain
objections were received from the concerned land losers /
interested persons. Accordingly, the CALA & Addl.
Collector, Khammam has conducted 3C hearing with the
concerned and after hearing all the objections raised by
them, the CALA has disposed off the objections 3D
Notification vide S.O. No. 5243 (E), dated 16.12.2021 and
3G Public notice has been published in the News Papers
CALA cum Addl. Collector, Khammam G1/2078/2018, dt.
27.12.2021 The Times of India & Mana Telangana on
29.12.2021 conducted 3G Enquiry on 30.12.2021. Then
the Award was passed for an amount of Rs. 4,21,456/- and
the same was deposited to the land looser by CALA,
Khammam. U s. 3E of NH act 1956 pubic notice Dt.
22.07.2022 was published in the News Paper. The Hindu
and Mana Telangana on 04.08.2022.
PERUSED THE RECORD
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6. The order dated 26.09.2022 passed in W.P.No.36682
of 2022, reads as under:
"This writ petition is filed seeking to issue a writ of
Mandamus declaring the action of the respondents in
chopping and damaging the red sandal wood trees and
sandal wood trees on the petitioner's land admeasuring
Acs.11.27 guntas in Survey Nos.1254, 1254/AA, 1263,
1264, 1265 and 1274/AA situated at Yerraboinapally
Village, Kalluru Mandal, Khammam District, without
determining and paying adequate compensation amount
under Khammam-Deverapally Green Field Alignment
Project, as illegal and arbitrary.
2. Heard Mr. M. Prateek Reddy, learned counsel for the
petitioner, Ms. B. Kavitha Yadav, learned Standing Counsel
for Central Government, learned Assistant Government
Pleader for Land Acquisition and Mr. Alladi Ravinder,
learned Standing Counsel for the National Highways
Authority of India (NHAI).
3. Mr. Älladi Ravinder, learned Standing Counsel for NHAI,
has placed on record the written instructions received from
respondent No.5-Project Director of National Highways
Authority of India and submitted that due to non-
availability of the rates of the red sandal wood trees in the
Forest Department, valuation of the said trees could not be
completed. A Special Committee has been constituted for
finalizing the valuation of red Sandal wood trees as per the
rates identified by ACF, Government Sandal wood Depot of
Karnataka.
4. Learned counsel for the petitioner submitted that the
respondents have started felling the red sandal wood trees
and the same cannot be permitted until valuation of the
trees is completed.
5. In response to the above submission of the
learned counsel for the petitioner, learned Standing
Counsel for NHAI submitted that there are guidelines
stipulated for felling of trees and the same cannot be
done without obtaining permission from the
Telangana Forest Department. Learned Standing
Counsel also submits that red sandal wood trees in
the subject property will be properly verified and
valuation of the trees will be completed and, till such
time, there will be no felling of trees.
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6. However, learned counsel for the petitioner apprehends
that the respondents have started damaging the red sandal
wood trees and sandal wood trees and, in proof of the
same, he has drawn attention of this Court to the
photograhs filed along with the writ papers.
7. In view of the above, by placing on record the written
instructions of the learned Standing Counsel and assurance
given by him, the writ petition is disposed of directing the
respondents not to fell red sandal wood trees and sandal
wood trees available on the subject land of the petitioner
until valuation of the trees is completed. No order as to
costs.
7. The order dated 09.02.2023 passed in W.P.No.3901
of 2023, reads as under:
"Post the matter on 14.02.2023 in AMC for getting
instructions by learned Assistant Government Pleader for
Revenue.
Till then, there shall be interim direction as prayed
for.
Office is directed to print the name of Padma Rao
Lakkaraju, learned standing counsel for NHAI."
8. Letter Ref.No.16525/2021/Prod.1(i), dated
24.01.2022 of the Principal Chief Conservator of Forests
and Head of Forest Force, Telangana addressed to the
Chief Conservator of Forests, SLM Tirupathi, reads as
under:
"In continuation to the reference 3 cited, it is to inform
that the DFO Khammam vide references cited has informed
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that (24) Red Sander trees of 68.5 MTS are falling in the
proposed land acquisition of SRLIP (Palair Link canal) in
non- forest / private lands.
1. Further, the DFO, Khammam has informed that for
proposed land acquisition for formation of Greenfield
highway from Khammam to Devarapalli in Khammam
District, a total (355) No. of Red sander trees wood
and (11) Sandal wood trees are available, of which
(109) Red sanders trees and (09) Sandal wood trees
are proposed to be felled for the proposed Greenfield
Highway. As per enumeration, the estimated
quantity of (109) Red sanders trees is 59.424 conts
and (09) Sandal wood trees is 0.123 cmt.
2. Further, the DFO, Khammam has informed that
valuation of Red sanders trees and Sandal wood trees are
not available in Khammam Division and also in the offence
FSR of Khammam District. As such, the DFO, Khammam
has requested the Ananthapur, Guntur and Kurnool Circles
of A.P Forest Department to furnish offence FSR rates and
while enclosing the FSR rates of these Circles, the DFO has
informed that different Circles have mentioned different
offence FSRS rates.
3. In this regard, it is informed that in Telangana State, as
on date no sale of RS wood/logs has been taken up, to
suggest the rate to be fixed for RS trees falling under land
acquisition of Government Projects.
4. In view of the above, the Conservator of Forests, WLM
Tirupathi Circle, Tirupathi is once again requested to
furnish procedure being adopted in Andhra Pradesh State
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for fixation of valuation / rates of RS and Sandalwood trees
falling in non-forest land / private land which are to be
felled under land acquisition for Government
developmental Projects. It is also requested to share the
upset price details for each grade along with the procedure
being followed.
5. It was requested to furnish the above information vide
reference 3rd cited but the said report is still awaited in
this office.
6. In this regard, it is once again requested to furnish the
above information immediately for taking further necessary
action in the matter.
9. Letter dated 03.07.2021 of the Forest Range Officer,
addressed to the Forest Divisional Officer, Sathupally
Division, Sathupally, read as under:
"With reference to the subject above cited, it is
informed that the joint survey was conducted with
Thasildar, Kalluru and the land owner Sri. Vasireddy
Appa Rao, S/o Venkateswara Rao on 03.05.2021 and
found as under. There are total (355) No of Red
sandal wood and (11) White sandal wood trees are
there in the inspected land which belongs to Sri.
Vasireddy AppaRao, S/o Venkateswara Rao. Out of
which (109) Red sandal wood and (7) white sandal
wood trees are there in NH 365 BG from Khammam
to Devarapally Green field highway demarcated area.
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The total measurement of (109) Red sandal wood and (7)
white sandal wood trees are enclosed here with.
10. Learned counsel appearing on behalf of the
petitioner mainly puts forth the following submissions:
a) The 1st respondent issued a public notice dated 09.11.2020
in Hans India English Daily News Paper for acquiring land for the
laying of four lane road from Khammam to Devarapalli proposed
as a Green field alignment which included petitioner's land to an
extent of Ac.2.20 gts in Yerraboinapally Village of Kalluru
Mandal, Khammam District.
b) The Project Director, National Highway of India PIU-
Khammam vide its Requisition dated 27.06.2018 has requested
the nomination of an officer to be appointed as a Competent
Authority under Section 3(a) of the National Highway Act, 1956
for the acquisition of land falling in Khammam District, Additional
Collector, Khammam is the competent authority under the Land
Acquisition Act vide G.O.Rt.No.399, dated 09.02.2020.
c) The petitioner through representation dated
27.11.2020 to the Joint Collector, Khammam District and
the Revenue Divisional Officer, Kolluru Mandal raised
three main objections i.e.:
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a. That the survey numbers pertaining to my land are
wrongly mentioned as 1266 & 1267, whereas the correct
survey numbers are 1264 & 1265 respectively.
b. That the number of red sandalwood and sandalwood
trees is wrongly mentioned as 151 in the newspaper
notification, whereas the correct number is 168.
c. That I am willing to cooperate with the land acquisition
project of the government but that I seek the correct
compensation for the trees that I would be losing.
d) The petitioner again sent a detailed representation dated
24.02.2021 to the District Collector and Magistrate, Khammam
to which the petitioner prayed for reasonable compensation to
the petitioner's red sandal wood trees.
e) In response to the letter of the petitioner dated
24.02.2021 the 3rd respondent has then written to the Tahsildar
to conduct field inspection upon petitions received, wherein the
petitioner's objections are recorded at Sl.No.7.
f) The Prl. Chief Conservator of Forests and Head of Forest
Force had written letter dated 24.01.2022 addressed to the Chief
Conservator of Forests WLM Tirupathi clearly observing that as
per enumeration the estimated quantity of 109 red sandal trees
is 59.524 cmts and 09 sandal wood trees is 0.123 cmt. In the
very same letter dated 24.01.2022, it is specifically mentioned
that DFO, Khammam has stated that in the said National
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Highway Project, a total number 355 number of red sandal wood
trees and 11 sandal wood tress are available of which, 109 red
sandal wood trees and 09 sandal wood trees are proposed to be
felled and as per enumeration, the estimated quantity of 109 red
sandal wood trees is 59.424 cmts and 09 sandal wood trees is
123 cmts.
g) The District Forest Officer, Khammam had written to the
Forest Divisional Officer, Sathupally vide letter dated 27.02.2021
and requested the Forest Divisional Officer, Sathupally to
examine the petitioner's application/objections dated 24.02.2021
with a further letter dated 06.03.2021. The District Forest
Officer, Khammam again requested a detailed report to take a
further necessary action.
h) To the shock of the petitioner without considering the
objections of the petitioner, the 3rd respondent issued Award vide
Rc.No.G1/2078/2018-Structure dated 27.12.2022 falsely stating
that after publication of 3A notification certain objections were
received from the concerned land losers and after conducting 3C
hearing with the concerned land loser, the said objections were
disposed by CALA and issued orders vide Rc.No.G1/2078/2018,
dated 21.06.2020 to proceed further.
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i) To the shock of the petitioner the amounts were deposited
in the petitioner's account and the petitioner was constrained to
issue legal notices, dated 08.03.2022, and 19.07.2022 to
respondents 1, 3 and 4.
j) To the further shok of the petitioner on 18.09.2022, the
respondent, land acquisition authority entered into petitioner's
land and started causing damage to the valuable trees and the
petitioner was constrained to approach the Court and filed
W.P.No.36682 of 2022.
k) The said W.P.No.36682 of 2022 was disposed of on
26.09.2022 directing the respondents not to fell red sandal wood
trees and sandal wood trees available on the subject land of the
petitioner until valuation of the trees is completed.
l) Without complying with the orders of this Court dated
2.09.2022 passed in W.P.No.36682 of 2022 the 3rd respondent
issued the impugned Award on proceedings dated 27.12.2022
vide Rc.No.G1/2078/2018-Structure without conducting proper
valuation of the red sandal wood and sandal wood trees on the
petitioner's land measuring Ac.11.27 Gts of agricultural land in
Survey Nos.1254/AA, 1263, 1264, 1265 and 1274/AA of
Yerraboinapally Village, Kallur Mandal, Khammam District,
Telangana.
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m) The impugned award proceedings to the shock of the
petitioner stated that the red sandal wood enumerated
from petitioner's land is only around 17.108 QMTS, which
is totally contrary to the quantity mentioned in the letter
dated 24.01.2022 of the Prl.Chief Conservator of Forests,
Telangana addressed to the Chief Prl. Chief Conservator of
Forests, WLN Tirupathi, wherein the quantity of wood was
specifically mentioned as 59.547 QMTS.
n) Learned counsel for the petitioner submits that the notice
under Section 3(e) of the Act is also not issued to the petitioner
nor the objections of the petitioner had been considered, which
is mandated under Section 15(2) of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013. The said proceedings
are totally contrary to the procedure laid down as per the
provisions of the Act and the Rules in force and therefore, the
impugned Award has to be set aside. Therefore, the writ petition
is liable to be allowed as prayed for.
11. Learned counsel appearing on behalf of the
respondents placing reliance in the counter affidavit filed
in I.A.No.3 of 2023 in W.P.No.3901 of 2023 mainly puts
forth the following submissions:
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12. In response to 3A notification to the land owners who have
filed objection petition under Section 3C within the statutory
period, the competent authority has issued notice to the
objection petitioners and conducted enquiry under Section 3C of
the National Highway Act, 1956. Thereafter, the order under
Section 3C was passed on 21.07.2020 and 3D was issued on
21.09.2020. Award enquiry notice under Section 3G was issued
on 07.11.2020.
13. The petitioner had appeared on 27.11.2020 and thereafter,
it cannot be contended that no opportunity was given to the
petitioner. The petitioner himself had admitted that the
petitioner filed the objections under Section 3C on 27.11.2020
while the orders under Section 3C were passed on 21.07.2020
itself. Further the estimation of the red sandal and sandal wood
had been determined by the competent authority, in accordance
to law and award proceedings issued vide proceedings dated
27.12.2022 the compensation amount had been released along
with other farmers.
14. The bank account details were furnished by the petitioner,
the amounts were deposited by the respondents i.e
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Rs.33,53,906/- and also structure value compensation had been
deposited for an amount of Rs.80,902/-.
15. The orders of the Court dated 26.09.2022 passed in
W.P.No.36682 of 2022 had been complied with and the
estimation of red sandal wood and sandal wood trees had been
determined by the competent authority after due inspection by
the Tahsildar, Sathupalli, Kallur, Vemsoor and the concerned
Mandal Surveyors, Girdhavars.
16. The petitioner obtained interim orders on 09.02.2023 in
the present writ petition and the land acquisition proceedings
were stalled and therefore, since the project is time bound, in
the larger public interest, the civil work should not be hindered.
17. As the petitioner is not satisfied with the compensation
determined by the competent authority he has to avail the
provisions under Section 3(g)(5) of the National Highways Act,
1956 to file arbitration appeal before the District Collector,
Khammam since he had been appointed as arbitrator vide
Central Government notification dated 01.12.2020 and without
availing the said provisions, the petitioner filed the present writ
petition.
DISCUSSION AND CONCLUSION:
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18. A bare perusal of the Award dated 27.12.2022 vide
Rc.NO.G1/2078/2018-Structure issued by the 3rd respondent to
the extent of its examination in so far as the petitioner is
concerned indicates that red sandal wood enumerated from the
petitioner is around 17.608 CMT and there is no reference to
even the orders of this Court dated 26.09.2022 passed in
W.P.No.36682 of 2022 nor any discussion or reference to the
objections of the petitioner dated 27.11.2020 and 24.02.2021.
19. The counter affidavit filed on behalf of respondent No.3
states that 3 (d) notice was issued on 29.10.2020 and Award
enquiry notice under Section 3(g) were issued on 07.112020 and
the petitioner appeared on 27.11.2020 and attendance sheet
also evidences the said fact. Para 4 fo the counter affidavit filed
by the 3rd respondent however, indicates that the petitioner filed
3(c) objections on 27.11.2020 whereas the orders under 3© had
been passed on 21.07.2020 itself.
20. The Award impugned dated 27.12.2022 passed by the 3rd
respondent does not indicate the consideration of the objections
of the petitioner dated 27.11.2020 and 24.02.2021 nor the
orders of this Court. The impugned award dated 27.12.2022 vide
Rc.No.G1/2078/2017-Structure dated 27.01.2022 had been
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passed without conducting proper valuation of the red sandal
wood and sandal wood trees on the petitioner's agricultural land
measuring Ac.11.27 gts. In Survey Nos.1254, 1254/AA, 1263,
1264, 1265, 1274/AA of Yeraboinapally, Kallur Mandal
Khammam District without implementing the orders of this Court
dated 26.12.2022 passed in W.P.No.36682 of 2022 which had
become final.
21. The two specific pleas of the petitioner are that objections
of the petitioner dated 27.11.2020 and 24.02.2021 had not been
considered and further the notice in writing as required and
mandated under Section 3(e) of the Act had not been complied
with and not answered in the counter affidavit filed by the 3rd
respondent, except stating that the objections of the petitioner
were filed on 27.11.2020 and the orders under Section 3(c) had
been passed on 21.07.2020 itself and the petitioner appeared on
27.11.2020 upon receipt of award enquiry notice under Section
3(g) issued on 07.11.2020 and even signed in the attendance
sheet, this Court opines that admittedly the procedure as
mandated under the National Highways Act, 1956 and Right to
Fair Compensation and Transparency in Land Acquisition and
Rehabilitation and Resettlement Act, 2013 had not been followed
in the present case.
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22. The counter affidavit filed in I.A.No.2 of 2023 in the
present writ petition by the 5th respondent at para 10 states that
the subject project is time bound project which has to be
completed within 730 days i.e. 13th September, 2024.
Therefore, this Court opines that the objections of the petitioner
dated 27.11.2020 and 24.02.2021 need to be considered duly
taking into consideration the letter dated 24.01.2022 of the
Principal Chief Conservator of Forests and Head of Forest Force,
Telangana addressed to the Chief Conservator of Forests, SLM
Tirupathi. It is specifically mentioned in the said letter that as
per enumeration the estimated quantity of 109 red sandal trees
is 59.424 CMT and 9 sandal wood trees is 0.123 CMT and which
had been reiterated in the letter of the Forest Range Officer,
Tallada addressed to the Forest Divisional Officer, Sathupally
Division, Sathupalli dated 03.07.2021 vide
Rc.No.16525/2021/Prod-1(i) which clearly indicated the volume
CMT as 59.547 whereas the award indicated the same as 17.608
CMTS.
23. This Court opines that Section 3D of the National Highways
Act, 1956 very clearly indicates that a notification can be issued
under the said provisions only after the objections are disposed
of under Section 3(c). The counter affidavit filed by respondent
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No. at para 4 very clearly indicates that the order under 3(c) was
passed on 27.01.2020 and objections were filed by the petitioner
on 27.11.2020. This Court very clearly in its order dated
26.09.2022 passed in W.P.No.36682 of 2022 specifically directed
the respondents not to fell red sandal wood trees and
sandalwood trees available on the subject land of the petitioner
until valuation of the trees is completed. The record only
indicates the valuation done in the presence of the petitioner
prior to the passing of the Award i.e. on 03.07.2021 which is
admittedly prior to the passing of the order of this Court dated
26.09.2022 passed in W.P.No.36682 of 2022 which has become
final and prior to passing of the orders dated 09.02.2023 passed
in W.P.No.3901 of 2022 and there is no valuation of the trees in
the presence of the petitioner and other officers concerned as
per the directions of this Court, dated 26.09.2022 passed in
W.P.No.36682 of 2022 since the impugned award indicates the
quantity of wood of the petitioner decreased from 59.547 QMTs
to around 17.608 QMTS, which is totally contrary as per the
letter dated 24.01.2022 of the Principal Chief Conservator of
Forests and Head of Forest Force, Telangana addressed to the
Chief Conservator of Forests, SLM Tirupathi and also the report
dated 03.07.2021 of the Forest Range Officer, Tallada addressed
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to the Forest Divisional Officer, Sathupalli Division, Sathupally in
pursuance to joint survey in respect of red sandal wood trees in
Survey Nos. 1254, 1254/AA, 1263, 1264, 1265, 1274/AA at
Yerraboinapally Village, Kalluru Mandal, Khammam District,
Telangana, conducted with Tahsildar, for Survey Nos. 1254,
1254/AA, 1263, 1264, 1265, 1274/AA at Yerraboinapally Village,
Kalluru Mandal, Khammam District, Telangana, Kallur Mandal in
the presence of the petitioner on 03.07.2021 which clearly
indicates that there are total 355 red sandal wood trees and 11
white sandal wood tress in the subject land belonging to the
petitioner.
24. The Apex court in a judgment dated 04.04.2011
reported in (2011) 15 SCC 383 in Syed Maqbool Ali v State
of Uttar Pradesh, and another at para 9 observed as
under:
"The remedy of a land holder whose land is taken without
acquisition is either to file a civil suit for recovery of
possession and/or for compensation, or approach the High
Court by filing a writ petition if the action can be shown to
be arbitrary, irrational, unreasonable, biased, malafide or
without the authority of law, and seek a direction that the
land should be acquired in a manner known to law. The
appellant has chosen to follow the second course. The High
Court was not therefore, justified in dismissing the writ
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petition on the ground that the remedy was under section
18 of the Act. The order of the High Court, which is
virtually a non-speaking order, apparently proceeded on
the basis that appellant was seeking increase in
compensation for an acquired land. The matter therefore
requires to be reconsidered by the High Court, on merits."
25. The Apex Court in the judgment reported in
2013(14) SCC page 737 in Bangalore Development
Authority v Vijaya Leasing Limited and others at para 17
observed as under:
"Therefore, while exercising the extraordinary jurisdiction
under Article 226 of the Constitution, the learned Single
Judge came across the above incongruities in the
proceedings of the Hon'ble Minister which resulted in the
issuance of de-notification dated 05.10.1999. We fail to
note as to how the ultimate order of the learned Single
Judge in setting aside such a patent illegality can be held
to be beyond the powers vested in the Constitutional
Court. The conclusion of this Court in Gujarat Steel
Tubes Case (supra) that judicial daring is not
daunted when glaring injustice demands even
affirmative action and that authorities exercising
their powers should not exceed the statutory
jurisdiction and correctly administer the law laid
down by the statute under which they act are all
principles which are to be scrupulously followed and
when a transgression of their limits is brought to the
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notice of the Court in the course of exercise of its
powers under Article 226 of the Constitution, it
cannot be held that interference in such an
extraordinary situation to set right an illegality was
unwarranted.
26. The Apex Court in its judgment reported in 2012 SCC
online AP 148 Giridhar Kumar Reddy v Union of India and
further in case of R.Natarajan and others v The Union of
India and others reported in 2010-5L.W.868 very clearly
held that if the statute prescribed certain Act to be done
in a particular way, the same has to be done in such
particular way, any deviation could not be allowed.
27. This Court opines that affording of opportunity to
persons whose lands are proposed for acquisition under
the 1956 Act, mandated by Section 3-C(1) is neither a
ritual nor an empty formality. It is a salutary provision
akin to the provisions of Section 5-A of the Land
Acquisition Act, 1894. In Union of India v Mukesh Hans
(2004) (8) SCC page 14), Union of India v Krishan Lal
Arneja (2004) 8 SCC page 453, Mahenderpal and others v
State of Haryana and others, 2009 (14) SCC page 28,
Anand Singh v State of Uttar Prasad, (2010) 11 SCC page
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242, Radhy Shyam v State of Uttar Pradesh, 2011 (5) SCC
page 553 and in Greater Noida Industrial Development
Authority v Devendra Kumar and others, 2011 (12) SCC
page 375, the Supreme Court observed that the
opportunity of hearing to the land owners to object to
acquisition of their lands is a valuable right which cannot
be jettisoned for jejune reasons and that such opportunity
and compliance with rules of natural justice is a small
price which the State should always be prepared to pay
before it can deprive any person of his property. These
observations of the Apex Court made in the context of the
Land Acquisition Act apply to the present Acquisition as
well.
28. This Court opines that since hearing of objections to
the process of acquisition is a valuable right, an objector
is entitled to communication of an order passed by the
competent Authority rejecting his objections and the
reasons recorded therefor. In the present case, inspite of
the orders of this Court dated 29.09.2022 passed in
W.P.No.36682 of 2022 and the orders dated 09.02.2023
passed in W.P.No.3901 of 2022, yet there is no valuation
of the tress in the presence of the petitioner and other
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concerned officers even as on date, even as per the
averments made in the counter affidavit filed by the
respondents.
29. Taking into consideration the view taken by the Apex
Court in the various judgments (referred to and extracted
above) this Court opines that in view of the fact that the
very mandatory procedure had not been followed in the
present writ petition nor the directions of this Court dated
26.09.2022 in W.P.No.36682 of 2022 had been
implemented and further duly considering the fact that
the counter also does not refer to any valuation of trees
as undertaken and done by the respondents pursuant to
26.09.2022 in the presence of the petitioner herein and
duly taking into consideration the averments made at
Para No.10 of I.A.No.2 of 2023 that the work of National
High Way NH-365BG Khammam-Deverapally section
Project is a time bound project which has to be completed
within 730 days i.e., 13.09.2024 the 2nd respondent is
directed to constitute a committee of experts and proceed
with revaluation of petitioner's subject 109 Red
Sandalwood Trees in Sy.No.1264 and 1265 in petitioner's
presence and other concerned officers duly taking into
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consideration the report dated 03.07.2021 vide
Rc.No.47/2021/T of the Forest Range Officer, Tallada
addressed to the Forest Divisional Officer, Sathupally
Division, Sathupally and also the letter dated 24.01.2022
of the Principal Chief Conservator of Forests and Head of
Forest Force, Telangana, Hyderabad addressed to the
Chief Conservator of Forest WLM Thirupathi and also
petitioner's objections raised vide representations dated
27.11.2020 and 24.02.2021, within a period of two (02)
months from the date of receipt of the copy of the order
and pass appropriate reasoned order on the objections of
the petitioner dated 27.11.2020 and 24.02.2021 by
providing reasonable opportunity of personal hearing to
the petitioner in conformity with principles of natural
justice in accordance to law and duly communicate the
decision to the petitioner.
30. Till the above exercise as stipulated by this Court is
initiated and concluded within the time stipulated by this Court
the interim orders dated 09.02.2023 passed in the present writ
petition directing the respondents not to interfere with the red
sandal wood and sandal wood trees on the petitioners land
measuring Ac.11.27 gts., of agricultural land in Sy.No.1254,
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1254/AA, 1263, 1264, 1265, 1274/AA at Yerra Boinapally
Village, Kalluru Mandal, Khammam District, Telangana, shall
remain in force.
31. With the above observations, the writ petition is allowed.
However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending shall stand
closed.
______________________________
MRS. JUSTICE SUREPALLI NANDA
Date: 29.11.2023
Note : L.R. Copy to be marked.
b/o.
kvrm
