Allowed

V. Vijayalaxmi and 4 others v. The State of Telangana and 5 others

Telangana HC9 Dec 2022WP/16400/2021

Case brief

AI extract

What is this about?

This judgment allowed a Writ Petition challenging the land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Court set aside the impugned Award issued under Section 25 for violating procedural requirements regarding market value revision and respondent participation. The respondents were directed to ini

What did the court decide?

Impugned Award No.F14022/2017 dated 25-03-2021 set aside; respondents directed to initiate fresh proceedings under Section 19(1) of the Act, 2013.

V. Vijayalaxmi and 4 others Vs The State of Telangana and… — Land Acquisition | Telangana HC (2022)

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[³²⁵⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 16400 OF 2021

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Between:

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V.Vijayalaxmi, W/o. late Tirumal Rao, Aged about 70 years, House-hold,

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V.Venkata Appa Rao. S/o. late Tirumal Rao, aged about 47 years, Occ: Agriculture.

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V.Rajeshwar Rao. S/o late Tirumal Rao, Aged about 45 years, Occ: Business,

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V.Venkat Rao, S/o late Tirumal Rao, Aged about 44 years, Occ. Software Engineer,

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Smt. V.Srilatha. D/o. B Shankar Babu, Aged about 40 years, House-wife, All are R/o. H No. i -71 and 1-72, Vallur Village, Jadcherla Mandal, Mahabubnagar District

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...PETITIONERS

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AND

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1 The State of Telangana rep by its Principal Secretary, Revenue (Land Acquisition) Department Secretariat Build,ngs 5th floor, BRKR Bhawan, NH44, Hill Fort. Adarshnagar. hyderabad, Telangana-500 063.

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The State of Telangana, rep by its Principal Secretary, lrrigation and Command Area Development Department, Secretariat Buildings 5th floor, BRKR Bhawan, NH-44 Hill Fort, Adarshnagar, Hyderabad, Telangana-SOO 063.

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The District Collector (LA). Mahabubnagar District, T.S.

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The Joint Collector (LA). tvlahabubnagar District, T.S.

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The Land Acquisitron Officer/ Revenue Divisional Officer (LA), Mahabubnagar District, T S

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The Tahsildar, Jadcherla l\ilandal. Mahabubnagar District, T.S.

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...RESPONDENTS

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Petition under Artrcle 226 of the Constitution of lndia^praying that in the circumstances stated rn the affrdavit filed therewith, the High Court may be pleased to issue a writ. order or a dlrectron, more particularly one in the nature of writ of mandamus. declaring the Award Proceedings No.^F14022/2017, dated 25-

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03-2021 . passed under Section 25 of the Right to Fair Compensation and Transparency rn Land Acquisition. Rehabilitation and Resettlement Act, 2013, pursuant to the Declaration No. G1OllAGl72l2017-E-Sec., dated 1410512020, Gazette No. 14, dated 15-5-2020, passed under Section 91 of the Act, 2013 for acquiring the land to an extent of Ac.31 .1 9 guntas, situated at Vallur Village, Jadcherla Mandal. 1.4ahabubnagar District, for construction of Uddandapur Balancing Reservo r under the Palamuru-Ranga Reddy Lift lrrigation Scheme in lilahabubnagar Distnct wherean the Award passed under Section 25 was issued after more than 12 mcnths of passing Declaration and equally the Award which is passed without revision of markel value is as illegal, arbitrary and violation of Section 15. 25 anc 26 of Act of 2013 and consequently quash the said proceedings and issue a direction to the respondents to pass fresh Award so far as the petitioners are concerned by revising the market value as on the date of Section 1 1(1) Notification and also taking into consideration of the market value of the lands within the vicinity of petitioner's land.

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lA NO: 1 OF 2021

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Petition under Section 15'1 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all f urther proceedings in Rc.No. F1402212017 , daled 25-03-2021 , passed by the 5th respondent, i,rcluding dispossession of the petitioners from their respectrve lands in Survey No. 15, admeasuring Ac.6.28 guntas, situated at Vallur Vrllage Jadcherla Mandal, Mahabubnagar District and Sy No. 80/AA admeasuring O-30 iluntas. situated at Udandapur Village. Jadcherla Mandal. MahabLlbnagar Drstrict belongs to the first petitioner, Survey No 66/4, admeasuring Ac 5 20 guntas, Sy.No. 668/A, areasuring Ac.2.39 guntas, Sy.No.66/8/A4, admeasuring 4-00 acres, Sy.No. 66/4,4, admeasuring Ac.1 19 guntas and Sy No 63. extent Ac.3-13 guntas, total extent Ac.17-11 guntas belongs to the 2nd petitioner, Sy. No. 66/4,4, admeasuring 4-00 acres, Sy. No. T2lPaikilE admeasuring 4-00, total extent of 8-00 acres belongs to the 3rd petitioner and Sy No 20lA, admeasuring 0.18 guntas, Sy.No.22lA, admeasuring 0.15 guntas, Sy No 71, extent 0-21 guntas, Sy.No. 145lAlAA. extent 0-26 guntas total extent of 2-00 acres belorrgs to the 4th petitioner and Sy.No. 71lA/A, admeasuring 1-00 acre, belongs to the sth petitioner respectively, all are situated at Vallur Village Jadcherla Mandal, Mahabubnagar District, pending disposal of the writ^petition

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lA NO: 2 oF 2021

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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} permit the petitroners to file additional material papers in W.P.No. 16400 of 2021^.

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Counsel for the Petitioners: SRI PALLE SRINIVASA REDDY

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Counsel lor the Respondent Nos.1, 3 to 6: SRI L.RAM DAS, AGP^{FOR LAND} ACQUISITION REP ADDI ADVOCATE GENERAL

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Counsel for the Respondent No.2: GP FOR lRRl AND COMMAND AREA DEV

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER^KUMAR WRIT PETITION No.164OO of 2o21

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ORDER:

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Heard learned counsel for the petitioners, learned Assistant Government Pleader for tand Acquisition appearing lor respondent Nos. 1, 3 to 6 and learned Governmcnt Pleader for Irrigation and Command Area Development, appearing for respondent No.2.

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It is represented by learned counsel for the petitioners and Sri L.Ram Das, learned Assistant^(iovernment Pleader, representing learned Additional Advocate Gcneral, that the issue involved in this writ petition is squareiy covercd by the orders passed by this Court in W.P.No.2O3II6 cf 2O21 and W.P.No.13242 ol 2O2O.

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In view of the said submission made b5, learned counsel on either side, the Writ Petition is allou,ed and the impugned Award No.F/4O2212017, dated 25.03.202 I passed under Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'thc Act, 20 I 3') pursuant to declaration No.GlOLAG/7212OI7-G-Scc, dirtcd 14.O5.2O2O published in Gazette No. I4, datcd 15.05.2020 for acquiring the land to an extent of Acs.3l- 19 guntas situatcd .1t Vallur Village,

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Jadcherla Mandal,^{Mahabubnagar District,is set aside and the} respondents are^{granted liberty to initiate proceedingsafresh} from the stage of^{proceedingsunder Section 19 (1) of the Act} 2O13, duiy^{puttingthe petitioners on noticeand pass necessary} orders in consonance^{with the provisions of the Act 30 of 2013'} It is needless to^{mention that the respondents shall take into} consideration^{the provisions of the Act 2013 under Sections 26} and 28 of the^{Act 2013, while passingthe Arvards The} respondents shall^{endeavourto completethe cntire cxercise} within a^period of^{two (2) months from the datc ol rcccipt of a} copy of this order.

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Miscellaneous^{petitions, ifany, pcnding in this writ} petition sha1l stand^{closed.There shall be no order as Lo costs'}

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sD/-r.sRrtlvAs DEPUTY REGISFRAR //TRUE COPY// ( / SECTION OFFICER

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To,

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The Principal Secretary, Revenue (Land Acquisition) Department. Secretariat Buildings 5th floor, BRKR Bhawan, NH-44, Hill Fort, Adarshnagar. Hyderabad, Telangana-500 063.

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2 The Principal Secretary, lrrigation and Command Area Development Department, Secretariat Buildings 5th floor, BRKR Bhawan NH-44. Hill Fort, Adarshnagar, Hyderabad, Telangana-500 063.

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