Partly allowed

Janagama Yadamma v. The State of Telangana

Telangana HC25 Apr 2023WP/44624/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of two writ petitions concerning land acquisition compensation. One petition sought enforcement of an enhanced award while the other sought quashing of the same award. Relying on a prior common order (W.P.No.5037 of 2012/batch), the Court dismissed the quashing petition and directed the respondent company to deposit the awarded compensation within two months.

What did the court decide?

Dismissal of Writ Petition No.21633 of 2021 seeking quashing; Disposal of Writ Petition No.44624 of 2022 by directing Singareni Collieries Company Limited to deposit the compensation amount within two

Janagama Yadamma Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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

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TUESDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENW THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO:¹¹⁴⁶²⁴ OF 2W2 AllD 2:1633 Ot 2021

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WRIT PETITION NO:44624 OF 2022:, Between:

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Janagama Yadamma, D/o. Jalapathi Rao, Aged about 58^{years, Rl/o.} Adriyala Village, Manthani Mandal, Peddapalli Diskict.

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...PET|T|ONER

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AND

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

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The District Collector, Peddapalli.

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The Additional Collector, Peddapalli

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The Land Acquisition Officer, and Special Deputy Collector, Land Acquisition Unit, SCCL, Godhvarikhani.

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Singareni Collieries Company Limited, Ramagundam Area - lll,^Centenary Colony, Ramagiri Mandal, Peddapalli District. Represented by its General Manager

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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^maybe pleased to issue a writ, direction, or more particularly in the nature of Writ of mandamus directing the Respondents to^pay the enhanced compensation amount of INR 1,89,90,999 awarded^{proceedings(and award)} in^{File No.} 81138512018 dl. 1610412021 vide.^{proceedings (and} award) in File^No. B1/389/2018 dt. 1610412021 along with Statutory^{interest under section 80 of LA} Act, 2013 with effect from 16.04.2O21 to the writ^petitioner and^consequently declare the in-action of the Respondents herein for^{paying compensationunder} LA Act,2013 as bad in law and violative of^provisions of LA Act,2013.

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lA NO: 1 OF 1t0',2

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Petrtion t rcer Sect on 151 CPC^praying that^{in the r:ircumstances stated} in the afficlav t I le,J in support of the^petition, the^{High Cour: maybe pleased to} Direct the Resl ondents l^erein to^pay the^{enhancedcorrpensation amountof} INR^'1,89,90,99! ewarded^{proceedings(and} award)^{in Fil,r ltlo B1/389/2018 dt.} 1610412021 vide^proceedings (and award) in^File No.^{B1/3€0,'2018dl. 1610412021} on the file cf lrti Respondent herein to^{the Writ Petili,:1erherein pending} disposal ol th,3.5c,ve writ^petition.

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Counsel for the^retitioner: SRI BOKARO LOKESHWAR RI:DDY

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Counsel for the lespondent No.1 to 4: GP^FOR LAND^{Ac()t,rlSlTlON}

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Counsel for the ?espondent^No.S: SRI^{P. SRI} HARSHA^REDI)Y,

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(SC FOR SINGARENI CCI;-LIERIES CO.LTD)

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WRIT PETITION^{NO: 21633 OF 221}

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Between:

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The Sirrgle,ri Collieries Company Limited, Rep by its Gr:neral^Manager, Ramagunr anr Area-lll, Centenary Colony-5O5 21,1 Ramagiri^Mandal, Pedc ap;alli District.

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...PETITIONER

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AND

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1 The {ltale, f^'[elangarra, Rep. by its Principal Secretary, lilevelue Department (LA), Secrr ta'iat, Secretariat Buildings, Hyderabad.

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2 The Distric Collector, Peddapalli, Peddapalli District.

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3 The l\dditi< nal Collector, Peddapalli, Peddapalli Diskict.

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4 The Speci. Deputy Collector, Land Acquisition Unit, SCOI-, V ttalnagar, Godavarikl ar i-505 209, Peddapalli District.

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5 Janaganra /adamma, age 58^years, D/o. Jalapathi Rao^{rl/o.Ldriyala} village, Manlhani I\ andal, Peddapalli Dist.

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.,FIESPONDENTS

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Petiti,:rn un ier Article 226 of lhe Constitution of lndir^praying that n the circumstances sl lted in the affidavit filed therewith, the lligh Court may be pleased to call for the records relaling to the Award t,o 112021-22 File No.B1/389/ll01B dated 16-04-2021^passed by lhe 4h respondent and consequential Pr( c€,edings No. G2136112021 dated^'16-04-2C21- iss;ued by the 3rd respondent ty wz I of issue of a Writ of Certiorari and^quash the sirme by holding that the sam€: i re arbitrary, and one without .iurisdictiDr c()ntrary to the provisions of the I arrd Acquisition Act 1894.

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lA NO: 1 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 suspend the Award No.112021-22 File No.B1/389/2018 dated 16-04-202.1 passed by the 4th respondent and consequential Proceedings No.G2l361/2021 daled 16-04-2021 issued by the 3rd respondent pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI P. SRI HARSHA REDDY (sc FoR StNGARENt COLLIERTES CO.LTD)

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Counsel for the Respondent No.1 to 4: GP FOR REVENUE

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Counsel for the Respondent No.S: SRI LAKKADT DAYAKER REDDY

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The Court made the following: COMMON ORDER

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THE HON'[ LE SRI JUSTICE MUMMINENI SUDEIE)ER KUMAR WRIT PE TI ON Nos.44624 of2 21611(l of 2021

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COMMON O. IDER:

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Srnc,: he issue: involved in these tu.o wr 1 pe:itions is commor, 1.h( y are be.ing disposed of by way of 1.his common order

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F errrl learned counsel for the I)etit.ion0rs, learned Governrrren L Pleader for Land Acquisition, Sri F,. Sri Harsha Rcddy, learr erl Standing Counsel for Singare n: Collieries Companl Lir rited anrl Sri Lakkadi Dayakcr Rect,.ly, learned counsel for th: respondent.

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W^p.No.21(r33 ol 2021 was filed by tlLr: petitioner, namely, lSingz reni Collieries Company Limited quost.ior ing the Award pass<:d b1, respor-rdent No.4 bearing Award Nc, I /r,,O2l-22 File No.Bl /:\8 t/2olg, rlated 16.04.2021, and the c rr: serluential proceedings ir l-r-.No.G2l361 /2021, dated 16.O4.2O121, issued by respondent Nc.il under Section 2g_A ol the Lanc llrcq lisition Act, i89.+. V h,:reas W.p.No.44624 of 2022 wirs fited by respondent I'lo 5 in W.p.No.21633 of 2O2l seeking ,)nfor,rement o[ the sard Ar .ard, dated 16.04.2O2 1, and the cctr:;equential proceedinpls, d. Lecl 16.O1-.2O2 1.

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It is brought to the notice of this Court by learrred courrsel for the petilioner in w.p.No.44624 or 2022 that sim ar Awards that were passed in respect of the very same acquisition notifications have come up for consideratiort before this Court at the instance of the petitioner in.w.p.No.21633 of 2021 and the sairl Awards were upheld by this Court in W.p.No.5O37 of 2OlZ and batch, dated I1.O1.2O23, by rejecting all the contentions raised by the learned Standing Counsel for the Singareni collieries company Limited. The said contention of learned counscl for the pelitioner in W.p.No.44 624 of 2022 is not disputed by Sri P.Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited.

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However, it is submitted by Sri p.Sri Harsha Reddy, learned Standing Counsel that an appeal is being filed against the common order passed by this Court in W.p.No.5037 of 2OlZ and batch, dated 1r.01.2023.

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As there is no dispute that the issue that arises for consideration in these two writ petitions is squarely covered by the common order passed by this Court in W.p.No.5037 of 2OlZ and batch, dated 11.O1.2O23, this Court is of the considered view that these two writ petitions can be disposed of in terms of the said common order, dated 1 l O I .2023.

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7 . \c,cordinllly, W.P.No.21633 of 2O2l is rl srr:issed and

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W.P.No 446'.4 of 2022 is disposed of directing res;.ronJent No.S to deposit tj.e entire compensation amount awarct,:.d under the impugnr:d Arvard, dated 16.O4.2021 anrl crons;equential proceedrn6Js, <lated 16.O4.2O2I, issued b5- resl)c,ndont No.3, within rr per orl of twc (2) months from the date o., re,teipt of a copy of this r rcler. There shall be no order as to ccsr s.

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M iscel rneous F,etitions, if any, pending in :h.ese two writ

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petitions sl-ra I stand closed

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$iD/- MOHD. tSMAtL AS S ISiTA.TLT REGISTRAR ( rt' SEcil-oN oFFIcER

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//TRUE COPY//

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