Telangana High Court
Barla Ramakka vs The State Of Telangana on 4 February, 2025
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
Writ Petition No.3002 of 2025
Order:
The Writ Petition is filed seeking the following relief:
" ... to issue a Writ Order or direction more particularly one in the
nature of Writ of Mandamus declaring the inaction of the Respondent Nos.2, 4
and 5 about considering petitioner submitted representations dated 11.12.2020
and 18.04.2022 with abnormal or great delay that violating the
guidelines/provisions of Section 17 in Telangana State Land Acquisition
Consent Award Voluntary Acquisition and Lump sum Payment towards
Rehabilitation and Resettlement Rules, 2017 or The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Rules 2013 against the Article 300A of the Constitution of India
against in the light of Judgment of the Division Bench of this Honble Court in
Writ Appeal No.677 of 2022 and against to the Mekala Pandu and Others
reportedas 2002 5 ALD 2 matters of Land Acquisition as illegal arbitrary and in
violation of and consequently direct the Respondent Nos.2, 4 and 5 for
considering petitioner regarding R & R Package Amount as eligible beneficiary
holder being as affected family member aggrieved with not granting of R & R
package amount like other citizens who belongs to same village as affected
family member according to Notification by Government The Andhra Pradesh
Gazette Part-I Extraordinary Published by Authority with No.18, Karimnagar,
Dated 25.07.2013 by correcting or rectifying on updating names of petitioners
of the list of eligible family members to be like as a beneficiary of R & R
Package holder according to provisions/guidelines with regard to The Right to
Fair Compensation and Transparency in Land Acquisition Act, 2013 and
Judicial Precedents made by Honble Supreme Court of India time to time
stating that High Courts Guardians of Fundamental Rights & Constitution,
must not mechanically dismiss writ petitions over delays and laches otherwise
petitioner will be put into suffer with irreparable financial loss by the
respondents arbitrary illegal unconstitutional actions which are violation of law
Articles of 14, 21 and Article 300A..."
2. Heard Mr.Ponampelli Ravi, learned counsel for the
petitioner, learned Assistant Government Pleader for Land
Acquisition appearing for respondents No.1 to 5 and
Mr. P.Sri Harsha Reddy, learned Standing Counsel for
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Singareni Collieries Company Limited (SCCL) appearing for
respondents No.6 and 7.
3. With the consent of learned counsel for the parties, the
writ petition is being disposed of at the stage of admission.
4. The brief facts of the case are that the petitioner
purchased a plot admeasuring 363 square yards in Survey
No.251 of Ladnapur Village, Ramagiri Mandal, Peddapalli
District (erstwhile Mutharam Mandal, Karimnagar District)
and constructed a house and other structures thereon, which
was allotted House No.401 and since then, she was residing
in the said house. While so, respondents Nos.1 to
5-authorities acquired the said property along with certain
other properties for the purpose of expansion of Open Cast
Project-II of Singareni Collieries Company Limited and
passed an award on 26.09.2015.
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5. The grievance of the petitioner is that she was not
extended the benefits of Rehabilitation and Resettlement
(R&R) package. The petitioner submitted representations
before respondent Nos.4 and 5 on 11.12.2020 and
18.04.2022 seeking to extend the benefits of R&R package.
But, respondent Nos.4 and 5 have not considered the
representations and the same are pending.
6. Learned counsel for the petitioner submitted that this
Court, in a similar writ petition being W.P.No.26940 of 2024,
directed the Revenue Divisional Officer to examine the
representation submitted by the petitioner therein along with
the documents annexed thereto and in the event the
petitioner therein is found to be eligible for the benefits of
R&R package, he shall take appropriate action for payment
of compensation in accordance with the provisions of Right
to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (for
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brevity 'Act 30 of 2013') and the petitioner herein be granted
the very same relief.
7. Learned Assistant Government Pleader appearing for
respondents No.1 to 5 and learned Standing Counsel
appearing for respondents No.6 and 7 jointly submit that
respondent Nos.4 and 5 will consider the representations
submitted by the petitioner and will pass appropriate order in
accordance with law within a reasonable time as may be fixed
by this Court.
8. In view of the above, respondent Nos.4 and 5 are
directed to consider the representations dated 11.12.2020
and 18.04.2022, submitted by the petitioner along with the
documents, if any, annexed thereto in support of her claim
and pass appropriate orders thereon in accordance with law,
after giving an opportunity of personal hearing to the
petitioner, within a period of eight (8) weeks from the date
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of receipt of a copy of this order. If the petitioner is found
eligible for the benefits of R&R package, respondent No.4
shall pay the same as per the provisions of Act 30 of 2013.
9. Subject to the above directions, the Writ Petition is
disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any,
stand closed.
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J.SREENIVAS RAO, J
Date: 04.02.2025
Note: Issue CC in three days
b/o
vsl
