Sundilla Venkati v. The State of Telangana and 12 Others

Telangana HC4 Dec 2020WP/21890/2020

Case brief

AI extract

What is this about?

The High Court, in a writ petition and civil miscellaneous application, directed the Land Acquisition Officer under the RFCTLARR Act, 2013, to refer the title dispute regarding land acquired for the Kaleshwaram Project to the Competent Authority, deposit the compensation with interest to avoid financial loss to the State, and initiate departmental action against the officer for the misconduct. The

What did the court decide?

Direction to refer dispute to Competent Authority, deposit compensation with interest, and initiate departmental action against the Land Acquisition Officer. No costs.

Sundilla Venkati Vs The State of Telangana and 12 Others — Land Acquisition | Telangana HC (2020)

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HIGH COURT FOR THE STATE^{OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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FRIDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION NO: 21890 OF 2020

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Between:

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Sundilla Venkati, S/o.llaiah, Age 47^years, Occ. Agriculture, R/o.H.No 3-19, Narsakkapet Village, Chennur Mandal, Dist. Ivlancherial.

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...PETITIONER

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AND

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1 . The State of Telangana, Represented by its Principal Secretary, Government of Revenue Land Acquisition Department, Telangana Secretariat, Hyderabad.

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The District Collector, Land Acquisition, lVancherial District, Ivlancherial.

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The Revenue Divisional Officer, The Land Acquisition Officer, Mancherial, Mancherial District.

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The Tahsildar, Chennur lvlandal, Mancherial District.

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Ravula Gopal, S/o. Venkaiah, Age 73 years, Occ.Not Known, R/o.C/o. Laxmi Takies, Mancherial.

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Ravula Anasurya, Wo.Gopal, Age lr4ajor years, Occ.Not Known, R/o.C/o. Laxmi Takies, Mancherial.

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Ravula Anjan Kumar, S/o.Gopal, Age Not Known, Occ.Not Known, R/o.C/o. Laxmi Takies, Mancherial.

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Ravula Pavan Kumar, S/o-Gopal, Age Not Known, Occ.Not Known, R/o.C/o. Laxmi Takies, Mancherial.

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Ravula Pradeep Kumar, S/o.Gopal, Age Not Known, Occ.Not Known, R/o.C/o. Laxmi Takies, Mancherial.

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Malloju Satyanarayana, S/o.Erraiah, Age Not Known, R/o.Sundarashala Village, ltlandal Chennur, Dist. Mancherial.

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l l.Yathiraju Lasmakka, W)o.najaiah, Age Major, Occ. Not Known, RIo. Narsakkapet, Mandal Chennur, Dist. Iriancherial.

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Potu Mohan Reddy, S/o. Lachhi Reddy, Age lVlajor, Occ. Not Known, R/o. Narsa kkapet, It/andal Chen n ur, Di3t. Ma nchi,.rial.

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Bhupathi Kishan, S/o.Dharmaiah, Age. 53 years, Occ. pvt. Job, R/o.H.No.12-258, Gouthiminagar, Mancheiiat.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature.of writ of mandamus or any other appropriate writ or order or orders by declaring inaction of Respondent No.1 to 4 in refering the d isp ute/objectio n to Land Acquisition Authority Hyderabad in respect of land bearing Sy.No. 15/1, 1512,45,46,47 and 48 situated at Narsakkapet Village of Chennur Mandal, Dist. Mancherial which was acquired for the purpose of Kaleshwaram Project under notification bearing No.C2169412016, Dt. 0310212017, and in trying to dispose the objections raised by the petitioner though the dispute involves title pertaining to the above said land, as being ultravires, arbitrary, illegal, violative of Articles 14, 16 and 300,4 of the Constitution of India , contrary to the provisions of Act 30 of 2013, and consequently direct the Respondent No.1 to 4 to refer the objection to Land Acquisitiion Authority for the State of Telangana at Hyderabad for proper adjudication of title in respect of land bearing Sy.No.15/1, 1512,45,46,47 and 48 situated at Narsakkapet Village of Chennur Mandal, Dist. Mancherial by depositing the award amount before the said authority, in the interest of^justice.

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lA NO: 1 OF 2020

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' Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3 to not to disburse compensation amount in respect of land bearing Sy.No.15/1 , 1512, 45, 46, 47 and 48 situated at Narsakkapet Village of Chennur Mandal, Dist. Mancherial pending disposal of the above writ petition.

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Counsel for the Petitioner:SRl. KONDADI^AJAYKUMAR

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Counsel for the Respondent^{Nos. 1 to 4: SPECIAL GOVERNMENT} PLEADER

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Counsel for the Respondent^{Nos.5 to 13:}

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The Court made the^following:

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THE HON'BLE SRI JUSTICE^{CHALLA KODANDARAM}

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WRIT PETITION No. 21890^{of 2o20}

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ORDER:

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The inaction of Respondents 1 to 4 in^{referring the dispute} / objections of the petitioner to the Land^{Acquisition Authority,} Hyderabad in respect of land in Survey Nos. 15/1, 1512,45,46, 47 and 48 situated at Narsakkapet Village of Chennur Mandal, Mancherial District which was acquired for the purpose of Kaleshwaram Project under Notification No. C2/694/2016, dated O3.O2.2O17 and in trying to dispose them of though there is title disputes in respect of the above-said land, is questioned in this Writ Petition.

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Heard learned counsel for the petitioner as well as learned Special Government Pleader on behalf of Respondents 1 to 4.

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The case of the petitioner is that with respect to the land acquisition proceedings initiated for the purpose of acquiring the land for construction of Annaram Barrage across Godavari River, the Award was passed on 30. 12.2017. It is his specific case that he had raised objection as to disbursement of the compensation during the Award enquiry with respect to the land in the abovesaid survey numbers. A perusal of the Award discloses such objections having been raised before the Land Acquisition Officer, who had opined that in view of the disputes with regard to title and apportionment, the matters are required to be referred to the Competent Authority notified under Section 64 of tine Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 20 13 (for short,^.the Act), but however, no reference was made as mandated under the Act. The petitioner

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alleges in the Writ Petition that the Land Acquisition Ofhcer in collusion with others is trying to disburse the amount.

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The iearned Special Government Pleader, on instructions, would submit that the Land Acquisition Officer did not refer the Award to the Competent Authority under Section 64, as the parties had approached him stating that they are settling the disputes €rmong themselves and necessary partition details would be fi1ed before the Land Acquisition Officer. The learned Government Pleader fairly submits that the Land Acquisition Officer's action is not legal and he has no authority whatsoever to entertain any ciaims after passing the Award, as he becomes functus officio.

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Having regard to the facts of the present case, the Land Acquisition Officer shall take necessary steps to refer the matter to the Competent Authority notilied under Section 64 and deposit the compensation amount with the Authority forthwith along with the accrued interest.

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One aspect of the matter, which requires^{consideration} before parting with this case, is the unauthorised^{and illegal act of} the Land Acquisition Officer in abdicating his^{duty of makinga} reference to the Competent Authority under^{Section64 of the Act.} In terms of Section 38,^{possession can be taken oniy after paying} the compensation. However,^{in the present case,by passingthe} Award, without^paying compensation,^{on the ground that thereis a} title dispute, possession^{has been taken and payment has not been} made to the land owners on^{the groundthat the same is required} to be determined under Section 64.^{To that extent, the Land} Acquisition Officer is right,^{however,by his abdicationof duties in} making a reference under Section 64,^{the consequentresult is the}

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State is burdened with paying compensation along with interest at 9o/o for t};e first year and thereafter, l5o/o lil,J, the payment is made, under Section 80.

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This Court can take judicial notice of the fact that the interest rates for fixed deposits offered by the bank is ranging from 5 to 7ok and the State itself is borrowing money through various means at 5 to 8 or 9o/o. Non-deposit of compensation amount determined under the Award and not referring the dispute to the Authority is causing financial loss to the coffers of the State, which is required to pay interest on the compensation to the persons entitled to receive the same.

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In those circumstances, the lst respondent / Competent Authority shall take departmental action against the Land Acquisition Officer concerned ald the officers who have not taken necessary steps thereafter, for dereliction of their duties, by following the procedure prescribed therefor.

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Subject to the above, the Writ Petition is disposed of. No costs.

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Miscellaneous Petitions, if any stand closed.

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To,

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//TRUECOPYII	SD/-K.SAILE HI ASSISTANTREGIS R
	SECTIO FFICER

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The Principalsecretary,, Government of Revenue Land Acquisition ^^{Pepfllment,State of Telangana, Tetanganiseiietariit,Hio"ruuja.} z. J|" District Coilector, La nd"Acq uisit;on,"fvranc-rreriiL biiihtii^{- -} --"Itrlancherial.

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3 J.h" Revenue Divisional_Officer, The Land Acquisition Officer, Mancherial, Mancherial District.

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1 In"^{Tahsild_ar,ChennurMandal, Mancherial} District. 9. 9n"^{CC to Sri. KondadiAjayKuhar,} AOroi"t" iOiUCt 6 Jry9 CCs toSot Qovernmbrit pteader High Couit for thb State of 7. Two I etangana. CD Copies. lou I -I

PM \I

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HIGH COURT

DATED:OA|1212O20

ORDER

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