Allowed

B.Kondal Rao v. The State of Telangana

Telangana HC7 Dec 2021WP/20336/2021

Case brief

AI extract

What is this about?

High Court allowed Writ Petition challenging land acquisition awards for non-compliance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. Petitioners argued awards lacked rehabilitation provisions and proper enquiry. Court set aside awards and directed fresh proceedings.

What did the court decide?

Impugned Awards and Section 19(1) declarations set aside; liberty granted to initiate fresh proceedings from Section 19(1) stage within two months.

B.Kondal Rao Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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TUESDAY ,THE SEVENTH DAY OF DECEIMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI,JUSTICE^{T.VINOD KUMAR}

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wRIT PETITION NO: 20336 OF 202'l

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Between:

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B. Kondal Rao, S/o B. Damodar Rao, Aged^{35 years, Occ. Agriculture,.}

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B. Aravinda Rao, S/o B.Damodar^{RaoAged 32 years,Occ.Agriculture,.}

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B. Eshwar Rao, S/o B.Sailu Rao^{Aged 65 years, Occ. Agriculture.}

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B. Renaiah, S/o B. Shanthaiah Aged 62^{years, Occ. Agriculture,.}

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B. Kalavathi, W/o B.Renaiah^{Aged 55 years,Occ.Agriculture.}

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G. Amba Reddy, S/o G. Mohan^{ReddyAged 49 years, Occ. Private ElnPloyee.} 7. G. Radhakrishira Reddy, S/o. G.^{M-ohanReddy Aged 46 years' Occ. Private} Employee All^{'the petitioners} are residents of^{Karukonda Village, BijinapallyMandal,} Nagarkurnool District, Telangana 509215.

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...'ET,T,ONERS

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AND

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The State of Telangana, Rep. by^{its Principal Secretary, Revenue Department} (L.A and J.A). Secretariat Buildinqs, Hvderabad. 2. ihe State of^'Telangana, Rep. byits^{Piincipal Secretary, lrrigation and CAD} Deoartment. Secretariat Buildinqs, Hvderabad. J. Thi: Commiisioner, Rehabilitation^{and Resettlement, Governmentof Telangana,} Buddha Bhavan, Hyderabad. 4 District Collector, N'agarkurnool^{District, Nagarkurnool T,elangana.} Special Deputy Collector,^{(L.A.) PRLIS Unit-ll, and R.D.O Nagarkurnool} Nagarkurnool District, Nagarkurnool.

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...RES,ONDENTS

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Petition under Article 226 of^{the constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High courtmay be pleased} to issue an appropriate writ,^{order or direction more particularlyone in the nature} wRlT oF MANDAMUS, declaring the^{action of the Respondentauthoritiesin} passing the impugned Awards viz. Award No.^{1212020 in File No. G1174812017} dated 24t08t2020 and^{Award No. 1112020 in File No. G1218412017 dated} 22lO7l2O2O for acquisition of^{Petitionerslands in Karukonda Village,Bijinapally} Mandal, Nagarkurnool District,^{basedon invalidSection 19('1} )^{declarations, without} disposing our objections^{given under section15(2) and without conducting award} enquiry under SectiOn 23^{despite several requests from the Petitioners, and without} a whisper of Rehabilitation and^{Resettlemententitlements in we awards,and} proceeding to dispossess us from our lands and^{livelihoodsin violation of the} provisions of Act 30 oI 2013 as amended by Act 21^{oI 2017 and rules made therein,} as illegal, u nconstitutio^{n a} I and^{consequentlyset aside the impugned awards} dt.24lo1t2o2o and 2210712020 and^{19(1) declarationsissued vide Gl174Bl17} daled 25102t2O19 and vide^{G1218412017dated 2510712018.}

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lA NO: 1 OF 2021

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Petition under s ection 151 cPC praying that in the circumstances stated in the affidavit filed in s Jpport of the petition, the High Court may be pleased to susPEND the impugr ad Awards vide Award No. 12t2o2o in File No. ct1741t2o17 dated 2410812020 ar c Award No. 11/2020 in Fite No. G1218412017 dated 22lo7l2o2o for acqui ;ition of lands of the petitioners in Karukonda Viltage, Bijinapally lVlandal, N rgarkurnool District, while staying all further consequential proceedings including taking possession of the subject lands of the petrtioners h ere in.

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Counsel for the Petiti( ners: SRI N. S. ARJUN KUMAR Counsel for the Respr ndents: ADDTTIONAL ADVOCATE GENERAL

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The Court made the fc llowing: ORDER

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THE HON'BLE SRI JUSTICE T.VINOD KUMAR WRIT^pETITION No.20336 of 2021

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ORDER

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This Writ^petition is filed challenging Award No.12l2020 in File No.G/t74812017, dated 24.08.2020, and Award No.t1l2020 in File No.GU2L84/2017, dated 22.07.2020, passed by the respondent authorities, for acquisition of petitioners lands situated at Karukonda Village, BUinapally Mandal, Nagarkurnoot District.

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Heard learned counsel for the petitioners and learned Additional Advocate General appearing for the respondents. With their consent, the Writ Petition itself is taken up For hearing and disposal at the stage of admission.

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The petitioners contend that the lmpugned Awards were passed by the respondents without providing for rehabilitation and resettlement entitlement, as required under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as amended by Act 21 of 2017 (for short, ,the Act), and also without considering the objections fired by the petitioners under section 15(2) of the Act and without conducting award enquiry under section 23 of the Act.

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When the Writ petition is taken up for hearing, Iearned counsel for the petitioners submitted that, in slmilar circumstances, this Cout, in W.P.N..13242 of 2020, vide order, dated 29.07.2021, was pteased to set aside the Awards passed in respect of sjmilarly situated lands in the same village and directed the respondents therein to conduct fresh enquiry as cQQtemprated under section 19 of the Act, dury putting the petitioners on

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notice and pa s necessary orders and Award in consonance with the provisions of t,e Act. It is further submitted that though the Awards passed therein :re dated 07.05.2019 and 16.05,2019, while in the present Writ Petition, the Awards impugned are dated 24.08.2020 and 22.07.2020, b rt the fact pattern is the same and no enquiry was undertaken by he respondents before passing the said Awards.

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Learned^qdditionar Advocate Generar appearing for the respondents wourd fairry co rcede to the fact of this Court disposing of w.p,No.13242 of 2020, vide c'der dated 29.07.2021, by setting aside the Awards under challenge as l,ell as declarations under Section 19(1) of the Act by granting riberty to the respondents therein to initiate proceedings afresh from the stage lf proceedings under Section 19(1) of the Act.

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Having r )gard to the submissions made and since the petitioners are also similar 7 placed and for reasons alike as were stated in the order dated 29.07 .20 1, passed in W.p.13242 of 2020, the present Writ petition is allowed, the impugned Awards, dated 24.08.2020 and 22,07.2020 as weil as decrarat ons under section 1g(1) of the Act dated 25.02.201g and 25.07.2018 ar€ set aside and the respondents are granted liberty to initiate proceed ngs afresh from the stage of proceedings under Section 19(1) of the Act duly putting the petitioners on notice and pass necessary orders and Awi rds in consonance with the provisions of the Act 30 of 2013. It is ner dless to mention that the respondents shall take into consideration ff 3 provisions of the Act under sections 26 and 2g of the Act, while pas: ing the Awards. The respondents shail endeavour to complete the er tire exercise within a period of two (2) months from the date of receipt c f a copy of this order.

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