Disposed

State President, Ts Vidhyavanthula Vedika (Tvv), Adilabad v. Prl. Secretary, Revenue Dept., Hyd and 4 Others

Telangana HC12 Jul 2022WP(PIL)/76/2017

Case brief

AI extract

What is this about?

The High Court disposed of a PIL challenging land acquisition procedures in Scheduled Areas. The Court held that continuation serves no purpose as the project has been completed. Petitioners aggrieved may seek other legal remedies, and costs were not awarded.

What did the court decide?

PIL disposed of without costs; miscellaneous applications closed; no order as to costs.

State President, Ts Vidhyavanthula Vedika (Tvv), Adilabad… — 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 TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION^(PlL) NO: 76 OF 2017

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Between:

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Telangana Vidhyavanthula Vedika (TW), Rep. by its State President, Sri Guri.jala Ravinder, S/o: Lingaiah, aged about 62 years Occupation: Retired Singareni Employee (VRS) / Social Activist Fl/o: 3-6712, Kyatanapally, Mandamarri, Kyatanapalli, Adilabad, (Mancherial) Telangana- 504301.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue^Department (Land Acquisition) Secretariat, Hyderabad. Telangana State -022

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2 The Singareni Collieries Company Limited^(SCCL), Rep by^its Chairman^and Managing Director Kothagudem Collieries, Khammam District Telangana State- 507101.

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3 The District Collector and Chairman, lntegrated Tribal Development Agency (ITDA) Mancherial, (erstwhile Adilabad District), Telangana State

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4 The Revenue Divisional Officer (RDO), Bellampally, Mancherial^District, erstwhile Adilabad, Telangana State.

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lntegrated Tribal Development Agency^(ITDA), Rep by^{its Project Officer (PO)} Utnoor, Adilabad, Telangana State.

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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, Order or Direction, more particularly one in the nature of Writ of Mandamus:-

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i) declaring all land acquisition^{proceedings pursuant to invalid declaration} under sec 19(1) vide Collector File No.G2l536412015^{daled9.01 .2017} '^including Award of inquiry notice in Rc.No.4/352912012^{dL2O.O2.2017, for the conduct of an} award inquiry on 8.03.20'17 U/Sec. 21^{of the Right to FairCompensationand} transparency in land Acquisition, Rehabilitation^{and Resettlement Act, 20'13} (LA Act 30 of 2013), without following any of the required^procedures under^the LA Act 30 of 2O13,^prior to acquiring^{lands for the alleged publicpurpose of} 'Kaiyani Khani Open Cast Mining' project. specifically in violation of the

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./t^/

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unambiguous; requirement in accordance with sec. 4.r(3) of the LA Act 30 of 2o13 that in case of acquisition or arienation of any rand in the schedured Areas the prior consent of the concerned Gram sabha or panchayats or the autonomous District councirs, at the appropriate rever in schedured Areas under the 5lh Schedule to the constitution shaI be obtained in a[ cases of acquisition, incruding urgency before issuance of any notification under the Act, without foflowing the basic/minimum requirements before issuing the above mentioned decraration, including ide-'ntification of the resetflement areas and pubrication of the Rehabilitatiorr and Resetflement scheme, deposit of the amount in fuI or part for the cost of ar;quisition, after revising or updating the market varues in accordance with Rule 5 and g of the Andhra pradesh Revision of Market Varue Guiderines Rules, 1998, without conducting Social lmpact Assessment (SlA) U/Sec 4 of chapter il, without comprying with the food security provisions U/Sec. 10(A) of chapter lll, without making any provisions for rehabilitation and resetflement under chapterrs V to Vil and schedures il and ilr, in vioration of sections 3(c)(v), section 3 (ii ), chapters il, ilr, chapter rV, incruding section I 1, sections .r 5(2), sec^'19, sec:26(3), sec 30(2) R/w the 151 Schedure, chapters V to Vilr read with 2ndd and 3rd Schedures of (Act 30 of 2013), that no project courd be undertaken without the crior approvar of Gram sabhas of the viflages affected by the proposed prcject and to safeguard the forest rights of the villagers, under lhe provisions of the panchayats (Extension to the Schedured Areas) Act, 1996, (PESA), the orovisions of the Andhra pradesh schedured Areas Land rransfer Regulation, 1959 as inserted by Regulation I of 1970 and the scheduled rribes and other Traditionar Forest Dwelers (recognition of Forest Rights) Acr, 2006 (also known as the Forest Rights Act), the sth schedule of the constitution of lndia, requirirg mandatory prior consurtation of the Tribar Advisory councir (TAC), as the proje(;t having adverse environmental implications woutd affect all the surrounding I'illages forming part of the Scheduled Area, by the Respondents as illegal, arbitrary, in vioration of lhe above mentioned Acts, Articres 14,21 and 3ooA of the constitution of rndia and principres of naturar justice ii) and consequenfly stay all furthe r proceedings pursuant to the invarid decrararion U/Sec_ 1 9(1 ) vide collector Fil€) No.G2l53641201s d1.9.01.20 17, incruding the Award of inquiry Notice Rc No 4/3529/2012 dt.zo.o2.2o1r, individualy served, U/Sec. 21 of the

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ll2tt

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Right to fair compensation and^{Transparencyin land Acquisition Rehabilitation} and Resetflement Act, 2013,^{without completing all the necessary acquisition} procedures under the Land Acquisition Act, 2013,^{iii) further ConsequentlyStay} all land acquisition^{proceedings pursuantto Notification issuedby the Revenue} Department under GOMs^{No. 123 Revenue (JA and LA) dt.30-07-2015 vide} collector File No: G2t5364t2015^{dt.23.06 2016 for acquisition of land by the 2nd} Respondent of Acres 175.34^{guntas,in Kasipet village& Mandel. Mancherial} District,^(erstwhile Adilabad^District).

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l.A. NO: 1OF 2017^{(WP(PIL)MP.NO:141 OF20't7l}

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Petition under section 151^{CPC prayingthat in the circumstances stated in} the affidavit filed in support^{of the petition, the High court maybe pleased to stay} all land acquisition^{activityi proceed ingspursuant to the collector File No:} G2t5364t2015 dt.23.06.2016^{vide G.o.Ms.No.123Revenue (JA and LA) dt.30-07-} 20.15 including imminent^{dispossession of the land owners for the purposeof land} acquisition for Kalyani^{Khaniopen cast mining without followingthe preliminary} requirements of conducting^{GramSabhas in the villages affected by the proposed} proiect pending disposal of the above^{writ Petition in the interestof justice.} Counsel for the Petitioner:^{SRI AZAM KHAN FORSMT'B' RACHNAREDDY}

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Counsel for the Respondent^{Nos'1,3, 4 & 5: SRIP' RADHIVE' SPECIALG'P'}

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Counsel for the^{Respondent No.2: SRI J. SREENIVASARAO,} SC FOR SINGARENI^COLLIERIES

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The Court made the^{following: ORDER}

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THI' IION'BLE^{THE CHIEFJUSTICEUJJALBTIIIYAN}

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AND

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THE HON'BLE MRS^{JIJSTICESUREPALLINANDA}

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WRIT PETITION^{(PILNo.76 of 2OL7}

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ORDER: 1.'?t th('^{Hoi'bletheChef JusuceUial Blugan)}

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Hezrd Mr. Azam^{Khan representing Ms' B'Rachna} Reddy, lt:arned^{coun sel for the petitioner; Mr'P' Radhive'} learned Speciai^{Government Pleaderfor respondentsNo' 1'} 3, 4 anci 5; and^{Mr. J.Sreenivasa Rao, learned Standing} Counsel for resPondent^No.2.

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The present writ^{petition has been filed in the form of} public irrterest iitigation^{seekingthe following reliefs:}

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'il declarrng all land acquisition^{proceedings pursuantto} invillrd declaraliort^{undr:r Sectionl9(l)vide CollectorFile} No.G2l536a/2015^{dated09.o1.2017, incLuding Awardof} inquiry notice in^{Rc. No. A1352912012 dated 20.O2'2017for} the conduct o[ an^{awardinquiry on 08.03.2017underSection} 2l of thc l{ight^{to FairCompensationand Transparencyin} [,and Acqursitton.^{Rchabilitation and ResettlementAct, 2013} (L,A Acl .lO of 2013).^{\'ithoutfollou-inganyof the required} proceclttrt: undcr the^{t-A Act 30 of 2013, priorto acquiring} Iar,ds for the alleged^{public purposeof'KalyaniKhani} Opencast Mining'^{prolect, specilicallyinviolationofthe} unaml)lgLrous^{iequrreroentin accordatrce*'ith Section 41(3)of} the t,A A( t 30 of^{2Ol3 thal ln caseof acquisition or alienation} of an\ l:rrrd irr^{lhc sche'dtlled Areas,the prior consent of the}

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concerned Grama Sabha or Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the 56 Schedule to the Constitution shall be obtained in all cases of acquisition, including urgency before issuance of any notification under the Act, without following the basic/minimum requirements before issuing the above mentioned declaration, including identilication of the resettlement areas and pubtication of the Rehabilitation and Resettlement Scheme, deposit of the amount in full or part for the cost of acquisition, after revising or updating the market values in accordance w-ith Rules 5 and 9 of the Andh.a Pradesh Revision of Market Value Guidelines Rules, 1998, without conducting Social lmpact Assessment (SIA) under Section 4 of Chapter II, without complying with the food security provisions under Section 10(A) of Chapter lII, without making any provisions for rehabilitation and resettlement under Chapters V to VIlt and Schedules II and III, in violation of Sections 3(c)(v), Section 3 r(iii), Chapters II, III, Chapter IV including Section 11, Section 15(2), Section 19, Section 26(31, Section 30(2) read with the l.t Schedule, Chapters V to VIII read with 2nd and 3rd Schedules of Act 30 of 2013, that no project could be undertaken without the prior approval of Grama Sabhas of the villages affected by the proposed project and to safeguard the forest rights of the villagers, under the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA), the provisions of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 as inserted bv Regulation I of 1970 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2OO6 (also known as the Forest Rights Act), the 5rh Schedule of the Constitution of India, requiring mandatory prior consultation of the Tribal Advisory Council (TAC), as the pro1cct having adverse environmental implications would affcct all thc surrounding villages forming part of the Scheduled Arca, b-y the Respondents as illegal, arbitrary, in

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iiolation of the above mentioned Acts, Articles 14, 21 and :iOo-A of the Constirution of India and principles of natural justicei ii) arld Consequently stay all further proceed.ings pursuant to the invalid declaration under Section 19(1) vide Oollector File No. G2 / 5364/ 20 1 5 dated Og.O L.2O 17, including Award of inquiry notice in Rc.No.A/352g/2012 dated tlO-O2.2017 , individually served under Section 2l of the Right to Fair Compensation and Transparency in l,and Acquisition, Rehabilitation and Resettlement Act, 2013 without completing eJl the necessary acquisition procedures under the Land Acquisition Act, 2013; iii| further consequently stay all land acquisition proceedings pursuant to Notil.ication issued by the Revenue Department under G,O.Ms.No. 123, Revenue (JA and LA) dated 30.O2,201S vide Collector File No.G2l5364/2O15 ciated 23.06.20 l6 for acquisition of land by the 2"d respondent of Acres 175.34 guntas, in Kasipet Viltage and Mandal, Mancherial District (erstwhile Adilabad District) and pass such oiher order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the ilterest ofjustice. "

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In sum and substance, the relief sought for is for quashing of award of enquiry notice dated 2O.O2.2O|T issued under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2O 13. It is contended that the land acquisition proceedings is violative of Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959,

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and the Scheduled Tribes anci Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

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In the proceedings held on O4.O4.2O|Z this Court directed that respondents shall not proceed further without obtaining consent of the Grama Sabha.

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Thereafter in the proceedings held on L4.06.2022, the following order came to be passed:

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'Learned counsel for the State Government has argued before this Court that by an order dated 04.04.2017 this Court has passed an interim order holding that the respondenrs shall not, q,ithout obtaining consent of the Gram Sabha as stipulated under Section 14(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re settlement Act, 2013 (for short "the 2013 Act"), proceed further pursuant to the Section 19(l) declaration dated 09.01.2017. He has stated that action was initiated strictl) in consonance with the provisions of the 2013 Act as directed by this Court. After passing of award, possession of the land has also been taken by the Government and has been handed over to t}re Requisition Department rendering the *-rit petition as infructuous.

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I-earncd counsel for the petitioner prays for two weeks time to seek instructions in the matter. I-ist the matrcr on 12.O7.2022."

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Respondent No.2 has liled counter affidavit. lt is

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stated that a meeting of the Grama Sabha was held 6ir--

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17.12.2017 wherein majority of rhe people had given consent/no objection for acquisition of the land for Kalyani Khani Opencast project. After the Grama Sabha adopted the rr:solution preferring acquisition of land for the aforesaid project, land acquisition officer has taken further action in passing consent award, whereafter the requisitioned land has been handed over to respondent No.2. Paragraphs B and 9 of the counter affidavit of respondent No.2 are as under:

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'8. It is further submitted that in pursuance of the orders passed by this Honble Court, Crama Sabha was conducted on 17.12-2OLZ at Grama panchayath Office, Kasipet for the plrrpose of acquiring lands for Kalvani Khani Opencast project (KKOCP). The total number of voters in the Crama Shaba are 3,337. During the Grama Sabha 1244 voters have been attended in which 66T voter conducted as per the ^, ,J^t::;-""^'lJ;]. i"TIL j'..Jl Sabha, majority of peopte had given consent/no objection for acquisition of lands for the Further, it is also stated as ,I"H:;H: :TJ::::.,:::: and majority of the member schedule rribes expresse, ;.:.":J::".:,'U'T::- ji objections or reservations for acquisition of land, the Grama Sabha passed resolution accordingh,. A cop-y of the resolution passed by the Grama Sabha is filed as a material paper which may read as part and parcel of this affidavit.

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It is submitted that rhe Grama Sabha has passed the Resolution in f;avour of rhe acquisition of land for KKOCp, and

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on obtaining^{the Resolution of the Grama Sabha'the t'AO has} taken further^{actioninpassing the Consent Award and} subsequently^{handedover the requisitionedland tothe} respondent^comPanY."

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7 . On due consideration,^{we are of the view that} continuing further^{with this public interest litigationwould} serve no useful^{purpose.If any affected Person is aggrieved} by the award^{passed, it would be open to such personto} avail his remedy^{in accordancewith law'}

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B. Subject to^{theobservation made above' public} interest litigation^{is disposed of'}

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9 Miscellaneous^{applicationspending, ifany' shall} stand closed.^{However, thereshall be no} order as to^costs. SD/.N .cuauonn^SEKHAR ASSISTAN^{T REGI} //TRUE^COPY// SECTION^OFFICER

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