Writ petition by agricultural labourers challenging the declaration under the Land Acquisition Act, 2013, for lack of information in Telugu and non-consideration of objections.
Petition allowed. 6th respondent directed to furnish DPR details in Telugu by 06-08-2018; personal hearing conducted. Possession stayed until compensation paid under Section 38.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.25511 of 2018
ORDER:
Heard the learned counsel for petitioners and the learned Additional Advocate General appearing for the respondents.
MSR,J W.P.No.25511 of 2018
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Volume-I (15 copies of the DPR) of the said project which contains the gist of the DPR at the office of the Gram Panchayat, Vemulghat village, Thoguta Mandal,Siddipet District (erstwhile Mandal), Telangana State, and other Volumes in English of equal number in the said office for perusal of the petitioners; on or before 27-08-2018, the petitioners shall submit fresh objections, if any, on the basis of such material before the 6th respondent; and the 6th respondent shall conduct personal hearing to the petitioners or their counsel on 04-09-2018 at 10.30 a.m. at his office; and communicate his decision on the objections to the petitioners within four weeks thereafter. Also, the award already passed shall not be deemed to be an award governing the petitioners and a separate award, if need be, shall be passed for them under Section 31 of the Act. Further, in view of Section 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which prohibits taking of possession until full payment of compensation as well as rehabilitation and resettlement entitlements are paid to entitled persons including the petitioners herein, who claim to be landless agricultural labourers entitled thereto under Section 16 of the said Act, there shall be stay on taking possession and initiation of any kind of construction activities by the respondent authorities in the lands procured under G.O.Ms.No.123 dt.30-07-2015 and under Section 30A of Act 21 of 2017 in Vemulaghat for the proposed Komaravelli Mallannasagar reservoir while allowing the agriculture operations to continue in the subject lands. No costs.
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5. As a sequel, the miscellaneous petitions, if any pending,
shall stand closed.
__________________________________ JUSTICE M.S.RAMACHANDRA RAO
Date: 25-07-2018 Note:Issue C.C. in two days. B/o. kvr
3 issues framed by the court
Whether the petitioners, as agricultural labourers, have a right to objection and hearing regarding the declaration under Section 19(1) of the 2013 Act.
Whether the petitioner must be furnished copies of the Detailed Project Report in Telugu.
Whether possession should be restrained in the acquired lands pending payment of compensation to the petitioners.
Colour shows how this judgement treated each authority
W.P.No.19572 of 2018Referred¶5
5 provisions across 2 enactments
Petitioners
Respondents
M.S. Ramachandra Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
