Partly allowed

JarupulaVenkanna, S/o. Ramulu v. The State of Telangana

Telangana HC20 Dec 2022WP/41888/2016

Case brief

AI extract

What is this about?

The High Court disposed of three writ petitions regarding land acquisition. A Lok-Adalat settlement was reached except for one petitioner. The Court directed the respondents to pay compensation as per the settlement and refrain from disturbing the remaining petitioner's possession until crop harvest.

What did the court decide?

Petitioners except No. 2 in WP 43216 received settled compensation; Land possession disturbed; No further directions pending in other petitions.

JarupulaVenkanna, S/o. Ramulu Vs The State of Telangana — Land Acquisition | Telangana HC (2022)

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

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TUESDAY. THE TWENTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY TWO

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PRES ENT

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NOS.41888 43216 AND 43986 0F 2016

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wRtT PET|T|ON NO.41888 0F 2016:

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Between:

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Jarupula Venkanna, S/o. Ramulu, aged about 48 years,

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Jarupula Seetharamulu, S/o- Ivladhya, aged about 38 years,

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Tejavat Srinu, Son of Sethya, aged about 37^years,

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Nookya Somla, Son of Dupya, aged about 45 years,

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Vaolthya Bujji, W/o. Bhasker, aged about 35 years,

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Jarupula Sree Ram, Son of Bisham, aged about 45 years,

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Jarupula Bheli, Wife of late J.Seetha Ramulu, aged about 45^years,

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Halavath Veeraiya, Son of Thusya, aged about 45 years,

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Tejavath Chavali, Wife of Satyam, aged about 60 years,

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10.Vadhya Seetha Ramulu, Son of Laxma, aged about 38^years,

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All are residents of Lokya Tanda H/o. Kusumanchi Village, Khammam District.

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...PETITIONERS

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AND

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The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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The Special Collector^(LA), SRSP SSP & JCRGLIP, Tarnaka, Hyderabad.

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The Special Deputy Collector,^(LA), SRSP Stage-ll, Unit 3, Suryapet.

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The Tahsildar, Kusumanchi Village and lvlandal, Khammam District.

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The Executive Engineer, Division No.3, Irrigation Department, Thorrur Village and ltilandal, Warangal District.

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...RESPONDENTS

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Petition un ier Article 226 of the Constitution oi lndra^prrayrng thatⁱⁿ the circumstances st rted in the affidavit filed therewith, the liir,rh^rlourt may be pleased to issue ] Writ, order or direction, more particularly cle irt the nature of Writ of Mandan us, declaring the award passed by t1€: r€)spondents in Proceedings B2l1826108 dated 28.12.2013 in respect of lands irl an extent of Ac.6.3O % guntes in Sy.Nos.302, 310, 313, 312, 311 arc 350 situated in Kusumanchi Vilk rge and Mandal, Khammam District, without following the procedure conteft plated under the Right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20' li (Ar:t 30/2013) as illegal, arbitrary, rrnjust, violative of^principles of natural .justice an,J therefore set aside the same a id consequentially direct the respondents rot to 'Jispossess the petitioners from t reir lands in an extent of Ac.6.30 % guntas in Sy.Nos.302, 310, 313, 312, 31 1 ar d 350 situated in Kusurnanchi Village and lr4andal, Khammam District, till the^pi ryment the compensation by issuing fresh notrfic:ation following the procedure lrescribed under the Rights to Fair Compensation and Transparency in I .and Acquisition, Rehabilitation and Resettlement Act, 2013.

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l.A. NO: 1 OF 2016^(WPMP. NO: 51634 OF 2016)

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Petition unier Section 151 CPC praying that in the cir,:urnstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the respor dent not to dispossess the petitioners frorn th{lir lands in an extent of Ac. 6.3() % guntas in Sy. Nos. 302, 310, 313 312, l'1^'l and 350 situated in Kusumanchi /illage and Mandal, Khammam District, .ill the payment the compensation b'' issuing fresh notification following the F rocedure prescribed under the Rights to Fair Compensation and Transparency in Land Acquisition, Rehabilitation an^j Resettlement Act, 2013, pending disposal crl the Writ Petition.

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l.A. NO: 1 OF 20 7(WVMP. NO: 1064 OF 2017

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Betlveen:

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The State of Telangana, Represented by its Principa Siecretary, Revenue Departmer t, Secretariat, Hyderabad.

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The Speciirl Collector (LA), SRSP SSP & JCRGLIP, TarraKa, Hyderabad.

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The Speci l Deputy Collector, (LA), SRSP Stage-ll, Unit ll, Su-yapet.

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The Tahsildar, Kusumanchi Village and N4andal, Khammam Distrlct.

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.....PET|T|ONERS/RESPONDENT NOs.1 TO 4 in W.P.

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AND

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Jarupula Venkatanna, S/o. Ramulu, aged about 48 years,

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Jarupula Seetharamulu, S/o. Madhya, aged about 38 years,

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Tejavat Srinu, Son of Sethya, aged about 37 years,

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Nookya Somla, Son of Dupya, aged about 45 years,

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Vaolthya Bujji, W/o. Bhasker, aged about 35 years,

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Jarupula Sree Ram, Son of Bisham, aged about 45 years,

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Jarupula Bheli, Wife of late J.Seetharamulu, aged about 45 years,

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Halavath Veeraiya, Son of Thusya, aged about 45 years,

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Tejavath Chavali, Wife of Satyam, aged about 60 years,

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10.Vadhya Seetha Ramulu, Son of Laxma, aged about 38^years,

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(All are residents of Lokya Tanda H/o. Kusumanchi Village, Khammam District.)

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..RESPONDENTS/WRIT PETITIONERS

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11.The Executive Engineer, Division No.3, lrrigation Department, Thorrur Village and l/andal, Warangal District.

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...PETITIONERS/RESPONDENT No.5 in W.P.

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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 vacate the interim order passed on 1.12.2016 in W.P.M.P.No.5'1634 of 2016 in W.P.No.41888 ot 2016.

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WRIT PETITION NO:43216 OF 2016

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Between:

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Jarupula Lachi Ram, S/o Kesya, aged about 45^years, Resident of^Lokya Tanda Hjo. Kusumanchi Village, Khammam District.

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Tejavat Simla @ Serla, Son of Somla, aged about 70^years, Resident^of Rdvichettu Thanda, Kusumanchi Village and Mandal,^{KhammamDistrict.}

...PETITIONERS

AND

I :

The State )f Telangana, Represented by its Pr ncipal li'lcretary. Revenue Departmen, Secretaliat, Hyderabad.

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The Specia Collector (LA), SRSP SSP &, JCRGLIP, Tanralra, llyderabad.

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The Specia Deputy Collector (LA), SRSP, Stage-l , Unit I^llur/apet.

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The Tahsilc ar, Kusumanchi Village and h/andal, Khammzun Drstrict.

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The Execut ve Engineer, Division No.3, lrrigation Departrent, Thorrur Village and lr4anda , Warangal District.

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. Rl:SPO N DENTS

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Petition un ler Article 226 of lhe Constitution of lndia pray ng that in the circumstances st lted in the affidavit filed therewith, the lliglh^{lourt may be pleased to issue l Writ, order or direction, more particularly one in the nature of Writ of Mandan us, declaring the award passed by trer rerspondents in Proceedings B/2(7l2OOg dated 25.08.2011 in respecr of lands in an extent of Ac.2.15 % gunta ; in Sy.Nos.310, 313, 309 and 345 situirted irr Kusumanchi Village and Ma ldal, Khammam District, without following the procedure contemplated un( er the Right to fair compensation and trirrr;parency in Land Acquisition, Reha cilitation and Resettlement Act, 2013 (Act l)0/2C,1 3) as illegal, arbitrary, unjust,^,iolative of principles of natural .justice and tirerefore set aside the same and c rnsequentially direct the respondents not t() dispossess the petitioners from tl eir lands in an extenl ol Ac.z.15 % guntas i,r Sy.Nos.310, 313, 309 and 345 situlted in Kusumanchi Village and Mandal, Klrarnmam District, till the payment thr compensation by issuing fresh notification following the procedure prescri red under the Rights to Fair Compensation lr I Transparency in Land Acquisition, iehabilitation and Resettlement Act, 2013.

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l.A. No: 1 oF 201 ilwPUg-Xe:13320_SE2qO

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Petition unr er Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the respon ients not to dispossess the petitioners frcm their lands in an extent of Ac.2.1ti lo guntas in Sy.Nos.310, 313, 309 atd 345 situated in Kusumanchi Villz ge and Mandal, Khammam District, til the payment the compensation by issurng fresh notification following the pror_edure prescribed under the Rights to Fair Compensation and Transparency rL Larrd Acquisition, Rehabilitation and Resettlement Act, 2013, pending drsposal r,l the'rVrit Petition.

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WRIT PETITION NO: 43986 OF 2016

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Between:

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Bellam Konda lt/adhu, Son of Upender, aqed about 35 years, Resident of H-No.3-'1^'17l1 , Ramakrishna Nagar, Kusumanchi Village and lr.4andal, Khammam District.

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2 Bellam Konda ll4anemma, Wife of Naganna, aged about 45 years, Resident of H-No.3-1 17l1 , Ramakrishna Nagar, Kusumanchi Village and N/andal, Khammam District.

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..PE'IITIONERS

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AND

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

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The Special Collector (LA), SRSP SSP & JCRGLIP, Tarnaka, Hyderabad.

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The Special Deputy Collector (LA) SRSP Stage-ll, Unit 3, Suryapet-

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The Tahsildar, Kusumanchi Village and lvlandal, Khammam District.

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The Executive Engineer, Division No.3, lrrigation Department, Thorrur Village and Mandal, Warangal District.

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...RESPONDENTS

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Petition under Atticle 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, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the award passed by the respondents in Proceedings B|2OT l2OOg dated 25.08.2011 in respect of lands in an extent of A.c.2.12 % guntas in Sy.Nos.350/AA, 3511AA2, 351/E and 352 IEE situated in Kusumanchi Village and Mandal, Khammam Distr"ict, without following procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30/2013), as illegal, arbitrary, un.iust and violat;ve of principles of natural^justice and therefore set aside the same and consequentially direct the respondents to pay the compensation as per present market value by issuing a fresh notification in respect of agriculture lands of petitioners in Sy.Nos.350/4A,351lAA2,351/E and 352/EE total extent of Ac.2.12 % guntas situated in Kusumanchi Village and Ivlandal, Khammam District following the procedure contemplated under the Right

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to Fair Compen;ation and Transparency in Land Acquisition. Rehabilitation^and Resettlement A( t, 2013.

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l.A. NO: 1 OF 2C 16(WPMP. NO: 54283 OF 2016)

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Petition u rder Section 151 CPC praying that in the crcumstances stated in the affidavit file I in support of the petition, the High Coul ma)/ be pleased to direct the respo,rdents to pay the compensation as per the present market value by issuing a fres h notification in respect of lands of the peti:ioner:i in an extent of Ac.2.12^3/, gunt3s in Sy.Nos.350/AA,3511AA2,351/E and 352lEE situated in Kusumanchi Village and Mandal, Khammam District, by fo lcwing the procedure prescribed und€r the Rights to Fair Compensation and lransparency in Land Acquisition, Reiabilitation and Resettlement Act, 2013, pencing disposal of the Writ Petition.

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Counsel for the Petitioner in all the Petitions: SMT.^(;. L.Al Sl{Ml

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Counsel for the Respondent Nos. 1 to 4 in all the Petitions: GP FOR LANI) ACQUISITION GP FOR REVI:NUE

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Counsel for the Respondent No.S in all the Petitions:

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GP FOR IRRIGATION AND COMMAND AIiE:A DEVELOPMENT

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Counsel for the Respondent in all the Petitions:

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THE ADDITIONAL A]'OCATE GENERAL

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The Court made the following: COMMON ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NOS.41888 432L6 AND 43986 0F 2016

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COMMON ORDER:

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Heard lcarned counsel appearing for the petitioners, learned Assistant Government Pleader for Land Acquisition and learned Assistant Government Pleader for Irrigation.

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The issue invoived in these three Writ Petitions is with regard to the palrment of compensation in respect of the lands covered by the respeclive Writ Petitions, which are being ciaimed by the petitioners.

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All these three Writ Petitions were referred to Lok-Adalat for settlement. Pursuant thereto, settlement has arrived at between the parties and the petitioners in all the three Writ Petitions, except petitioner No.2 in W.P.No.432 16 of 20 16, agreed to receive compensation at Rs. 15,OO,000/- (Rupees Fifteen Lakh Only) per acre and the compromise terms arrived at before the tok-Adalat read as under:-

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"ln view of the compromise, the respondents offered to pay an amount of Rs.15, 00,00O/- (Rupees Fifteen Lakh Only) per acre which includes ail statutory benefits under Larv and the petitioners (except petitioner No.2 in W.P.No.43216 of 2016 namely Tejavath Simla @ Serla, S/o Somla) have agreed to receive the said amount and benefits rvith ful! and final settlement. The petitioners (except petitioner No.2 h W.P.No.43216 of 2016 namely Tejavath Simla @ Serla, S/o Somla) have expressed their rvillingness of delivering the possession of their land, as per award of tand Acquisition Officer, to the respondents

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imme<liate y alter receipt of thc rcquisite arnount frcm the requisition Authority to which the amount of [ls. l, 71, t,'-,3751sanctione( vide C.0.Rt-No.332 of Governmenr of 1'elrngana (lrrigation and CAD Department), dated 13. 10.2022. Birth the partics ag eed for the settlement, except thc petitioner l.lo.2 in W.P.No.43216 of 2016 namely Tejavath Simla @ S:r-ra, li/o Somla."

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4 . It is br rught to the notice of this Court by t le learned counscl for tt e petitioners that there is a standing rr'rp existing as on d.rte in the subject lands that are sought to i,;e acquired by the responCents and two (O2) months time may be granted to the petitioners to harvest the said crop and then to handover the subject laeds to the respondents.

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In the ight of the above and the compromirie arrived at between the parties, all these three Writ Petit.ions are disposed of with a di^-ection to respondent No.3 to pass appr:opriate orders in terr ns of compromise arrived at betweer. the parties and pay comg ensation to the petilioners as per thei;' entitlement and complete the process within a period of four (O4l weeks from the date of receipt of a copy of this order. Insofar as petitioner No.2 in W.P.l{o.43216 of 2016 is concerned, the^' rit Petition shall continur: and the petitioner No.2 is at liberty to prosecute his case.

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