Ittireddy Mangavva vs State Of Telangana
2023 Latest Caselaw 1935 Tel

       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

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

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

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

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

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

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

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

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

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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