Disposed

Gogula Padma v. The State of Telangana

Telangana HC21 Dec 2022WP/7910/2022

Case brief

AI extract

What is this about?

The High Court disposed of three writ petitions jointly. It directed the State and Singareni Collieries to immediately consider and conclude within three months the extension of Rehabilitation and Resettlement benefits to eligible displaced families under GO 68 of 2005 and the RAR Act 2013.

What did the court decide?

Directed respondents to consider R&R benefit extension within three months and conclude proceedings in accordance with law.

Gogula Padma Vs The State of Telangana — Land Acquisition | Telangana HC (2022)

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[³²⁵⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY FIRST 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:384 70 0F 2017 36629 0F 2021 &7910 0F 2022

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WRIT PE TITION NO :38470 OF 2017

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Between:

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Karru Satheesh, S1o. Shankaraiah, Age 31 years, R/o.4-89, Project No. 50 Peddampet village, Ramgiri mandal, pedd apalli District

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...PETITIONER

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AND

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The State of Telanoana, Ren by its Principal Secretary. Energy Department, Telangana State S6cretariat auilaings, Hti"rr-Ol"i]

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The State of relanqana, Rep- By its principar secretary, Revenue Deoartment (JA & LA), Tetansa"na siate'Secieii,ir'i e,.,idi"sq'iyd6;;;li"'"^evvu' ""e"r

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The commissioner and Ex-officio Secretary, Rehabilitatron and Resetflement Government of Telangana, Budha BhavJn, HvJ"ruOrJ'"

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The Dishict Collector, peddapalli district, peddapalli

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The Joint collector and R&R authority peddapaili District, peddapaili

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The Revenue Divisionar officer cum R&R officer, Manthani Revenue Division, Manthani, Peddapalli District

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The MandalTahsildar, Ramgirimandal (earlier Kamanpur), Ramgiri, Peddapalli District

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B' singareni collieries company Limited, Represented by its Managing Director, Hyderabad

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia 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 wRlr oF MANDAMUS decraring the in action of the respondent authorities on

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the representations to correct the errors in the entries^{against the petitioners} name in the Socio economic Survey list^{published vide Gazette no.42 dated.} 17.06.2016 and No. 36 Dt. 25.09.2017^{and in denyingthe R & R entitlementsto} the petitioner to be^provided as^per the^{rulesin force as illegal, arbitrary, against} the principles of natural^justice and in violation^{of Articles 14,21 and 300Aof the} Constitutio n.

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l.A. NO: 1 OF 2017(WPMP. NO: 47758 OF 2017)

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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 maybe pleasedto} direct the respondents not to evict the^{petitioner from the house under acquisition} pending disposal of the writ petition.

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Counsel for the Petitioner: SRI CH.^{RAVI KUMAR} Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondents No.2 to 7: GP FOR^REVENUE Counsel for the Respondent No.8: SRI^{P.SRI HARSHA REDDY (SC FORSCCL)}

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WRIT PETITION NO: 36629 OF 2021

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Between:

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Bakam Rajesham, S/o.Rajaiah, Age: 66 Years, Fl/o. H.No.^{5-63 (Project} No.45) of Peddampeta^(Patta) Village, Ramagiri Mandal, Peddapalli^District, (Erstwhile Karimnagar), Telangana state.

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Bakam Ravi Kumar, S/o. Rajesham, Age: 37 Years,^{Fl/o. H.No. 5-63 (Project} No.45) of Peddampeta^(Patta) Village, Ramagiri Mandal, Peddapalli^District, (Erstwhile Karimnagar), Telangana state

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Bakam Rajendra Prasad, S/o. Ralesham, Age: 33^{Years, Ri/o. H.No.5-63} (Project No.45) of Peddampeta (Patta) Village, Ramagiri Mandal, Peddapalli District,^(Erstwhile Karimnagar), Telangana state.

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...pETIIoNERS

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AND

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State of Telangana, Represented by its Principal Secretary, Revenue Department (J.A and L.A), T. S Secretariat buildings, Hyderabad

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State of Telangana, Represented by^its Principal Secretary,^Energy Department, T.S Secretariat buildings, Hyderabad

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Commissioner and Ex-Officio Secretary,^{Rehabilitation and Reseftlement,} Government of Telangana, Budha Bhavan,^Hyderabad

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District Collector, Peddapalli District,^Peddapalli

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Additional Collector and Pro.lect Administrator, R and R Peddapalli^District' Peddapalli

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Revenue Divisional Officer, and^R and R Officer,^{Manthani Revenue Division'} Peddapalli District

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Mandal Tahsildar, Ramagiri Mandal,^{Peddapalli District}

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Singareni Collieries Company Limited, Represented^{by its Chairmanand} Managing Director, Singareni Bhavan, Lakadi-ka-pul, Hyderabad'

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Petition under A(icle 226 ol the Constitution of^{lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High Courtmaybe} pleased to issue a Writ, Order or Direction more pqrticularly one in the nature^of WRIT OF MANDAMUS declaring the^{in-action of the respondentauthorities, in} providing complete Rehabilitation and Resettlement entitlements to the^petitioners, even after declaring as eligible^{and despite the orders of this Hon'bleCourt to} extend the R&R entitlements to the similarly^{situated project displaced persons of} Singareni Open Cast lvlining Project in^{Peddampetand Mangalpallivillages'as} illegal, unconstitutioⁿ a I and consequently direct the^{respondent authoritiesto} immediately extend the full R and R entitlements^{alongwith the interestfor the} delayed period and individual house^plots, as^per the R^{and R policyvide} G.O.Ms.No.68 dt.12.2OO5 read with orders of this^{Hon'ble Courtd1.01.08.2018in} W.P.24233 of 201 5 and d1.05.02.2021 in C.C.No.1074^{of 2020.}

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^praying that^{in the circumstances statedin} lhe affidavit filed in support of the^{petition,the HighCourt may be pleased to direct} the respondents,^particularly respondent^{no.08, not to carry out the blastingand} mining operations in the vicinity of the^{houses of the petitioners in Peddampet} village and not to cause their displacement, until the^{respondents06 and 07 act} upon the representation dt.27.11.2021 for^provision of^{R and R entitlements due to} the petitioners.

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Counsel for the Petitioners: SRI CH. RAVI^KUMAR Counsel for the Respondents No.1 to 7: ADDITIONAL^{ADVOCATE GENERAL} Counsel for the Respondent No.8: SRI^{P.SRI HARSHA REDDY (SCFORSCCL)}

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WRIT PETI TION N O: 7910 OF 2022

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Between:

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Gogula Padma, W/o. Late Mogili, Aged About: 45 years, Occ: Labour,

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Kura Swaroopa, W/o. Ramulu, Aged About: 35 years, Occ: Labour, 3. Thota Buchamma, W/o. Odelu, Aged About: 54 years, Occ: Labour, All are R/o. Mangarpaili, Viilage, peddampet Gp, Ramagiri Mandar (erstwhire Kamanpur mandat). peddapaili-District lerstwtrite xirtr*"gZiii;i;i;ii'^,''''*"'

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...PETITIONERS

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AND

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1 The State gf leJangqlq, Rep_resented by its principal Secretary, Revenue Deparlment (J.A and LA), T.S SecretariSt buildingj,-Hyderabad

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2 State of Telangana, Represented.by its. principal Secretary, Energy Department. T.S Secretariat buildinls, Hyder;bad^{-- -}

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3 Commissioner and Ex-Officio qgcrgtary, Rehabilitation and Resetilement, covernment of Tetangana, Budha Bhi'vbn, i;;ii"d;il noio, EJir-noJiruro

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4 The District Collector, peddapalli District, peddapalli

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5 The Additional Collector and project Administrator, R and R peddapalli District Peddapalli

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6 The Revenue Divisional Officer and R and R Officer, Manthani Revenue Division, Peddapalli District

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7 The Tahsildar, Ramagiri Mandal, peddapalli District

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B The Singareni coilieries comp-qny Limited, Represented by its chairman and Managing Direcror. Singareni'Bhdvan, iixboi-6pJ]uioeraoao

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction more particurarry one in the nature of wRlr oF MANDAMUS decraring the in-action of the respondent authorities, in providing complete Rehabilitation and Resetflement entiflements to the petitioners, even after decraring as erigibre and despite the orders of this Hon,bre court to extend the R and R entitrements to the simirarry situated project Dispraced Persons of singareni open cast Mining project in Mangarpaili Viilage, Ramagiri Mandal, Peddaparri District as ilegar, unconstitutionar and conseguenfly direct the respondent authorities to immediately extend the full R and R entiflements along with the interest for the derayed period and individuar house prots, as per the R

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and R poricy vide G.o.Ms.No.68 dt.12.2005 read with orders of this Hon,bre court dt'O1'08 2018 inW.p.24233 0f 2015 and dt.05.02.2021 in c.c.No. 1074 0f 2020.

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IA NO: 10 F 2022

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Petition under section '151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents, particurarry Respondent No.0g, not to carry out the brasting and mining operations in the vicinity of the houses of the petitioners in Mangarpa,i Vilrage, Ramagiri Mandar, peddapari District and not ro cause their dispracement, until the respondents 05 and 06 act upon the representation dt. 29-01- 2022 for provision of R&R entitlements, due to the petitioners.

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Counsel for the petitioners: SRI CH. RAVI KUMAR

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COUNSEI fOr thE RESPONdCNTS NO.1 tO 7: ADDITIONAL ADVOCATE GENERAL Counsel for the Respondent No.8: SRI p.SRl HARSHA REDDY (SC FOR SCCL) The Court made the following: COMMON ORDER

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THII HON'BI,E SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NOS.38470 OF 2OI7 36629 0F 2021 AND 79LO OF 2022

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COMMON ORDER:

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Heard learned counsel for the petitioners, learned Government Pleader for Revenue, learned Government Pleader for Energr and Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited. Since the issue involved in these Writ Petitions is common, the Writ Petitions are disposed of by this common order. 2. The Petitioners in these three Writ Petitions are stated to be farmers, belonging to the project displaced families consequent upon acquisition of the land belonging to the petitioners for the purpose of Opencast Project-lll, depillaring operations at Gdk. 6 B IGM and expansion of OCP-III-GDK, hled these Writ Petitions questioning the action of the respondents in not including their names for extending the benefits of G. O. Ms. No.68, Irrigation and CAD (PW- LA-IV- R&R) Department, dated 08.04.2005, with regard ro Rehabilitation and Resettlement package under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2O13.

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The grievance of the petitioners is that though the petitioners in all these Writ Petitions are found to be eligible for grant of Rehabilitation arrd Resettlement package benefits and their requests were accepted in terms of the report submitted by the Revenue Divisional Officer, Manthani, to the District Collector, Peddapalli District, through letter No.B/54412013, dated. 21.12.2019, and issued notilication No.B/ 544/2013, dated O2.O2.2O2 1, the petitioners are not being extended the said Rehabilitation and Resettlement package benefits, even after iapse of about two (02) years. The petitioners also claim to have requested the respondents for consideration of their case for extension of the said benefits of Rehabilitation ard Resettlement package, but same are not extended. Hence, the petitioners approached this Court by hling the present Writ Petitions.

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Considering the fact that the requests of the petitioners for extension of Rehabilitation and Resettlement package benefits said to have been accepted by respondent No.6 and the report is already submitted to respondent No.4, the respondents are directed to take immediate steps for considering the case of the petitioners for extending^the said benefits^{of Rehabilitation} and Resettlement package and to conclude the said^proceedings

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within a period of three (03) months^{from the date of receipt of a} copy of this order, in accordance with law, duly taking^into consideration the law laid down by this Court in^W.P.No.24233 of 2015 and batch, dated 01.08.2018. Petitioners^{are granted} liberty to place a copy of the order, dated 01.08.2O18 before the respondents.

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