Disposed

D. Bharathi Bai v. The State of Telangana

Telangana HC1 Sept 2023WP/23327/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition alleging inaction by respondent authorities in paying land compensation under the 1894 Act. The Court held that fresh proceedings must be initiated under the Land Acquisition 2013 Act and directed the authorities to pass an award within four months and pay compensation, applying the apex court's view on non-compliance with urgency clauses.

What did the court decide?

Respondents directed to initiate fresh acquisition proceedings under LA 2013 Act and pass an award within four months.

D. Bharathi Bai Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

¶1

[³²⁵⁶ ]

¶2

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

¶3

FRIDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶6

WRIT PETITION NO: 23327 OF 2023

¶7

Between:

¶8

1 D. Bharathi Bai, Wo. D.Anand, Age 71 years, Occ. Housewife, Rl/o. Flat No. l 08, Sravanthi Apartments, Huda Complex, Kothapet, Saroornagar, Ranga Reddy District.

¶9

2 D- Rajasekhar, S/o. D. Anand, Age 54 years, Occ. Advocate, Rt/o. H. No.8-111711612, Phase-lll, New Gayathrinagar, Karmanghat, Ranga Reddy District.

¶10

3 D. Kamalakar, S/o. D- Anand, Age 43 years, Occ. Business, Rl/o. Flat No.108, Sravanthi Apartments, Huda Complex, Kothapet, Saroornagar, Ranga Reddy District.

¶11

4 D. Dayakar, S/o. Anand, Age 41 years, Occ; Pvt. Job, Rl/o. Flat No.108, Sravanthi Apartments, Huda Complex, Kothapet, Saroornagar, Ranga Reddy District.

¶12

.....PETITIONERS

¶13

AND

¶14

1 . The State of_Telangana, Rep by its Principal Secretary, Revenue (Land Acquisition) Department, Secretariat, Hyderabad.

¶15

The District Collector, Collectorate Complex, Nalgonda, Nalgonda District.

¶16

The Addl. Collector and Administrator R and R, Collectorate Complex, Nalgonda, Nalgonda District.

¶17

The Executive Engineer (l and CAD), AMRP Project, Angadipeta, pedda Adisherlapally tvlandal, Nalgonda District.

¶18

The Special Deputy Collector (Land Acquisition), AMRp, Unit.l, Collectorate Nalgonda, Nalgonda District.

¶19

.....RESPONDENTS

¶20

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 Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Authorities, particularly

¶21

¶22

respondents 02 and 03 in making^payment of compensation and R and R entitlements for the acquired land to an extent of 385 Sq.yards in Sy.No.483 situated at Pedda Adisherlapally (V and M). Nalgonda^{District under the} provisions of LARR Act, 2013 as per the report of the 5th Respondent dt. 2110312022 as illegal, unconstitutional and contrary^{to the settled principlesof} law and consequently direct the Respondents No.01 to 03 to make^payment of compensation for acquired land to an extent of 385 Sq.Yards along^{withR and R} package to all the affected/d isplaced families as per the report of the Sth Respondent dl. 2110312022 under the^provisions of^Act 30^{of 2013 as amended} by Act 21 of 2017.

¶23

l.A.NO:1 OF 2023

¶24

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} direct the^'lst and 2nd Respondents to consider the^{report of the 5th Respondent} dt.2110312022 and to expeditiously take appropriate steps^{in accordance with the} law, pending disposal of the main writ^petition.

¶25

Counsel for the Petitioners : SRI CH.RAVI KUMAR

¶26

Counsel for the Respondents : AGP^{FoRLAND ACQUISITIONFOR ADDITIONAL ADVOCATE GENERAL}

¶27

The Court made the following ORDER :^-

¶28

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶29

WRIT PETITION No.23327 of 2o23

¶30

ORDER:

¶31

This writ petition is frled for the following relief:

¶32

"-..to issue Wit or Direction more parttcularly one in the nature of Writ of Mandamus declaing the inaction of the Respondent Autlnities, parttaiorlg respondent Nos. O2 ond, O3 in making payment of compensation and R and R entitlements for the acquired land to an extent of 385 Sq. gards in Sg. No. 483 situated at Pedda Adisherlapallg (V and M), Nalgond.a Distict under the prouisions of LARR Act, 2013 os per the report of the Sth Respondent dt 21/ 03/ 2022 as illegal unconstitutional and. contrary to the settled pinciples of lau and consequentlg direct the Respondent Nos- 01 to O3 to make payment of compensation for acquired land to an extent of 385 Sq Yards along uith R and R package to all the affected/ displaced famtlies as per the report of the Sth Respondent dt: 21/03/2O22 under the provisions of Act 3O of2O13 as amended by Act 21 of 2017 and pass..."

¶33

The grievance of the petitioners in this writ petition is that though the plots bearing Nos.383, 384, 385 acquired by the respondents by passing an award in frle No.A/8741O5, dated 18.O9.2008 the compensation was paid only in respect of the structures that were existing in the said plots but no compensation was paid for the land acquired in the said plot numbers. It is their further case the said plot numbers are admeasuring 132, 154, 99 sq.yards respectively, totally admeasuring 385 sq.yards.

¶34

T,TSK.J ll'. I'. N o.2 -13 2 7 of 2023

¶35

Thereafter, the^{petitioners submittedvarious} representations before the^{authorities and finally, after} conducting a detailed^{enquiry, theresponclentNo'5} submitted a report to^{respondentNo.2 inletter} No.Bl02l2017, dated 21.O3.2022^{stating thatno} compensation^{was paid in respect of the abovesaid plots and} that the compensation^{was paid only for the structures that} were existing on the said^{plots. The said compensationwas} stated to have not been^{paid mistakenly and no a\4rardwas} passed. The relevant .^{portion from thereport ofthe} respondent No.5 is read^{as under:}

¶36

"lt is further submitted that in the^{light of the orders} passed in the above said W.P's by^{the Hon'ble High} Court, the present petitioners^{have broughtthe} detailed facts through the^{ref. 1sr cited dull' enclosing} the copies of material^{evidencesand requestedto take} necessary action by initiating LA^{proceedingsand} provide the benefits and packages^{under the cxisting} act of the LA & R & R act,^{2O13 act in respect of their} own holding sites comprising^{anextentof385} sq.yards, which was^{purchasedby way of valid sale} deeds since the previous^{notification was lapsedand} instead, the new act of 2OI3 exists^{and the contents} as appraised in their request in^{the ref. l"t cited are} similar to that of what^{the grounds are discussed in} the elaborated hearings in^{the afore said WPs and} orders itself also. And,^{the petitioners contends that} they are entitled for^{R & R benefits under the LA &' R &} R Act,2O 13 as the^petitione rs^{house sitescomprising} 385 sq.Yards sheduled^{undervalid sak: deeclswere} notified and published under the^{Land Acquisition}

¶37

MSK,J \V.P.No.23327 of²⁰²³

¶38

¶39

Act,1894, whereas,^{no award was passed for the land} to an extent of 385^{Sq.yards(Award No.A/874/O5'} dated 18.O9.2O08^{waspassed for the basement value} only).

¶40

It is further submitted that^{the JointCollector,} Nalgonda has admitted^{inPara (11) of the Counter} affidavit in CC No.187O^{of 2018 in WP.No.17111of} 2Ol2 tLrat on verification^{of the records, itis found} that, out of⁽⁶ 1) left^{over claimants,( 16) membersare} found eligible on the^{basis of producing Form-7 nolices} issued to them^{earlier by the then Special Deputy} Collector and Acquisition^{Officer, AMRP,LAUnit- 1,} Nalgonda and in the^{context of the above admissions,} the present^{petitioners are seekingU} ls^{24 (2) of the LA} & R & R Act.2O 13,^{that afresh initiation of LA} proceedings will be^{required to be issuedforthe} iemaining open house^{site area of 385 Sy.yardssince} he was compensated^{for basementonlybelongs to} them and the earlier^{notification which was issued} under the old act of^{LA, 1894is alreadylapsed.}

¶41

It is further submitted^{that asstated bythe} petitioners duly enclosing the^{copies ofmaterial} ividences, their contention^{isgenuine andno} contradiction is therein^{with reference to the record} available in the O/o^{SDC, AMRP, Unit-I and under} these circumstances, a^{fresh notificationmay be} required to be issued^{under the New Act i.e., LA & R &} R Act, 2013 and^{for the R & R packagesU/s 2a (21 of} the LA & R & R^{Act,2013 since the earlier notification} under the 1894^{act inrespectof the(3) sites} comprising an^{extentof 385 Sq.yards is already lapsed'}

¶42

Hence, the aforesaid^{facts are herewith submittedfor} kind consideration^{andinstructionsfortaking} necessary action in^{the initiation of LA proceedings} under the new^{act 2013 in respect of the housesites} under the subject^{duly enclosing the copies of the} material evidences^{and court orders submitted by the} petitioners."

¶43

MSK.J /.h\to-23127 of 2023

¶44

¶45

I i I i

¶46

Though, the said report was submitted as early as on 21.O3.2022, no further action was taken by respondent No.2. Aggrieved by such inaction on part of respondent No.2, the petitioners approached this Court.

¶47

From the material available on record, it is further noticed that originally respondents have invoked the urgency clause under Section 17 of the Land Acquisition Act, 1894 and no compensation was paid as required under Section 17 $l i.e., 80 7o of the compensation at the time of taking over the possession. In view of the same the benefit of urgency clause is not available to the respondents and thereby the respondents are required to pass an award as contemplated under Section 11(A) of the said Act. In the instant case no such award is passed within the time stipulated under Section 1 1 of the Act. The law in this aspect is a well settled as held by the Hon'ble Apex Court in the case of Delhi Airtech Senices Private Llmtted and another V. Sto,te o;f Uttar Pradeshr wherein the Hon'ble Apex Court observed as under :

¶48

"27 . In the result, we pass the following order:

¶49

I 2022 SCC Online SC 1408

¶50

MSK,J Ll/.P.No.23327 of 2023

¶51

¶52

¶53

(i) The provision contained in Section 11A of Act, 1894 shall be applicable to cases in which the acquiring authorit5z has not complied with the requirement of sub-section (3A) to Section 17 of Act, 1894 by tendering and paying eighty per centum of the estimated compensation before taking possession since possession in such cases cannot be considered to be taken in accordance with law and the vesting is not absolute.

¶54

(ii) If the requirement is complied and possession is taken after tendering and paying eighty per centum, though there is need to pass an award and pay the balance compensation within a reasonable time, the rigour of Section 11A ofAct, 1894 will not apply so as to render the entire proceedings for acquisition to lapse in the context of absolute vesting. The right of land loser in such case is to enforce passing of the award and recover the compensation."

¶55

In the light of the said settled legal position coupled with the reports submitted by respondent No.5 to respondent No.2 it is evident that the respondents are under obligation to initiate a fresh acquisition proceedings in respect of the subject plots, under the provisions ofAct, 3O of 2O13.

¶56

Learned Assistant Government Pleader representing learned Additional Advocate General also does not dispute the legal position as stated above and also about the contents of the reports submitted by the respondent Nos.2 and 5.

¶57

t n

¶58

7 . In the circumstances, in the considered view of this Court, there is no necessity to keep this matter pending and

¶59

tsl:

¶60

MSK.,' lt. P- 'o- 2 -l -12 7 of 2023

¶61

¶62

it is appropriate to dispose of this writ petition at the admission stage.

¶63

Accordingly, this writ petition is disposed of directing the respondents to forthwith initiate appropriate proceedings as per the provisions of Act, 2013 for acquiring the subject plot Nos.3B3, 384, 385, total admeasuring 385 sq.yards and to conclude the said proceedings by passing an a'"r''ard under Section 30 Section 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20 13 as expeditiously as possible at any rate within a period of four months from the date of receipt of a copy of this order, and pay compensation.

¶64

Miscellaneous petitions pending, if any, shal1 stand

¶65

closed.

¶66

SD/.A.V.S. PRASAD ASSISTANT REGISTRAR

¶67

¶68

Note: That in the order daled 0110912023, ln wp 2332712023, The words "section 31 " are added after the word "section 30" in

¶69

Paragraph No.8. As per the orders of Hon'ble Court dated : 1 51 0912023.

¶70

This Amended order shall Substitute the earlier order which has already been dispatched on.1 5/09/2023.

¶71

//TRUE COPY//

¶72

SD/-A.V.S. PRASAD ASSISTANT REGISTRAR G

¶73

SECTION OFFICER

¶74

¶75

The Principal Secretary, Revenue (Land. Acquisition) Department, Secretariat, State of Telangana at Hyderabad.

¶76

The District Collector, Collectorate Complex, Nalgonda, Nalgonda District.

¶77

lr/
I

¶78

J. The Addl. Collector^{and AdministratorR andR' Collectorate Complex'}

¶79

Hy^{gl:1llXtfli; 3.1 lttl' ?';,} 9{q^),. 4Y^{R P P ro j ect' An g ad i peta'P ed d a} 5. +lS[";":t;^{gS?,|fAl;1H,t",.,H,?,i'i1i'"''oio"r'ArvrRP'Unit-r'correctorate}

¶80