Telangana High Court
Thotla Srilatha vs The State Of Telangana on 30 January, 2025
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
Writ Petition No.2671 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 No 4
about considering petitioner submitted representation dated 24.06.2021 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 R & R Lumpsum Package under RFCTLARR (Telangana
Amendment Act 2016 and Section 30 in 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 is illegal arbitrary and
in violation of and consequently direct the Respondent No.4 for considering
petitioner for 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 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, Mr. Somu Srinivas Reddy, learned Assistant
Government Pleader for Land Acquisition appearing for
respondents No.1 to 5 and Mr. P.Sri Harsha Reddy, learned
Standing Counsel for Singareni Collieries Company Limited
(SCCL) appearing for respondents No.6 and 7.
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With the consent of learned counsel for the parties, the
writ petition is being disposed of at the stage of admission.
3. The brief facts of the case are that the petitioner
purchased a plot admeasuring 86 square yards in Survey
No.258 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.273 and since then, he was residing in
the said house. While so, respondents No.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.
4. The grievance of the petitioner is that he was not
extended the benefits of Rehabilitation and Resettlement
(R&R) package. The petitioner submitted representations
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before respondent No.4 on 24.06.2021 seeking to extend the
benefits of R&R package. But, respondent No.4 has not
considered the representation and the same are pending.
5. 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
brevity 'Act 30 of 2013') and the petitioner herein be granted
the very same relief.
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6. 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 No.4 will consider the representation submitted
by the petitioner and will pass appropriate order in
accordance with law within a reasonable time as may be fixed
by this Court.
7. In view of the above, respondent No.4 is directed to
consider the representation dated 24.06.2021, submitted by
the petitioner along with the documents, if any, annexed
thereto in support of his 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 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.
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9. Subject to the above directions, the Writ Petition is
disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any,
stand closed.
___________________
J.SREENIVAS RAO, J
Date: 30.01.2025
Note: Issue CC in two days
b/o
vsl
