Disposed

Thangeda Suramma, v. The State of Telangana

Telangana HC6 Sept 2024WP/23265/2015

Case brief

AI extract

What is this about?

High Court disposed of a Writ Petition challenging the failure to initiate land acquisition proceedings and non-compliance with Land Acquisition Act procedures regarding land for Dharmasagar Kunta renovation. The court permitted further application to District Collector regarding submerged land.

What did the court decide?

Petitioners permitted to make application before District Collector if their lands are submerged due to renovation work.

Thangeda Suramma, Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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r\ 1'

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HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

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FRIDAY, THE SIXTH^{DAY OF SEPTEN,{BER} TWO THOUSAND^{ANDTWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE C.V. BHASKARREDDY}

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WRIT PETITIO NNO^{:23265OF 2O15}

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Between:

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Thangeda Suramma,^{W/o.SitaramaRao,agedaboul65 years,R/o' H'No'1-} 26i,"Jeelgula Village,^{Elkaturty lvlandal, Karimnagar District'}

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Enaganti Satyanarayana @^{Satyanarayana Rao,..Sio' Gunda Rao' aged}

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;i,;;t dii v"ii., o"Csingaieni Erirploveir, Godavarikhani, Fl/o' Q'No'T2-395' Thilaknaglr, Godavarikhani,^{Karimnagar District'}

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3.EnagantiPrasadRao,S/o'LateChandraShekharRao,agedabout4o.years' - Oci"Frivate Employee, Ryo- Flat No.1 01 , Anu Heights, Eenadu Colony' KukatpallY, HYderabad^{7 2-}

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4 Janaoama Venkata Narsinq^{Rao, S/o Late Chender Rao, aged a-bout 45} ' ;;;;:-o"; nqriCuitrre, Rl/o."Sultanabad 3-69-16/E, Sapana Colony, Vilasagar Village, Katar6m^{trrlandal, Karimnagar District'}

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...PETITIONERS

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AND

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l.TheStateofTelangana,Rep'byitsPrincipalsecretary,LandAcquisition Department, Secretariat'^Hyderabad

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2.TheRevenueDivisionalOfficer,li,4anthani,RevenueDivisionManthani' Karimnagar District.

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3.TheDistrictCollector,KarimnagarDistrict,Collectorscomplex,Postand District Karimnagar-

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The Sirperintendent^{Engineer(lrrigation), Karimnagar District'}

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5.TheExecutiveEngineer,l&C.A.D.D.,LB'Division,Peddapalli,Karimnagar District.

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...RESPONDENTS

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Petition under^{Article 226 of lhe constitution of lndia praying that in the} circumstances^{stated in the affidavitfiled therewith, the Highcourt may be-} pi"u."o to issue a Writ, order^{or direction more particularly one in the natureof} writ of Mandamus^{declaringthe action of the respondents No.'land 5 is illegal,} ,roitr"ry and in^{violation of A.ticle 3oo-A of the constitution of lndia and} consequentty direct the^{respondentsNo.2 to 5 to initiateland Acquisition} pio"."iingt'in respect^{of the subiect land bearing Sy'No'77, mg' Ac'15'00 dry}

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situated at Dharnasagar Revenue Village, Kataram t,4andal, Karimnagar Dislrict, and pass such c ther order or orders as this Honble court may cjeem fit and proper in the circ-L mstances of the case in the interest oI justice.

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l.A. NO: 1 OF 201i(WPMP. NO: 30154 oF 201s)

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Petition unrrer section 151 cpc praying that in the circumstances stated in the affidavit fil€d in suppo.( of the peiition, t-t " Xign Courl mery tro pfur""Jio stay further const^uction and alotment of funds to the said onarmasaga, Ktrnia till the la,.d Acquisition proceedings are initiared in respect of rhe subject rand b.earing Sy.No.77 mg. Ac.lS.00 d-ry situated at Dharmasagar Revenue Village, Kataram rr'4andar, Karimnagar District pending disposar of the wrir petition andpass-s{ch)

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Counsel for the Pr:titioners: SRl. MIRZA AIJAZ ALI BAtc

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Counsel forthe Rr:spondent Rl: Gp FOR LAND ACeUtSITION

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Counsel for the Rr:spondents R2 TO R3: Gp FOR REVENUE

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counsel for the R.spondents R4 To R5: Gp FoR rRRr AND coMM AREA DEv

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The Court made tl,e following: ORDER

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THE HON'BLE SRI WSTICE C.V.BHA SKAR REDDY

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WRIT PETITION No.23265 of 2Ol 5

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ORDER:

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This Writ Petition is frled to declare the action of respondent Nos.1 and 5 in not initiating the Larrd Acquisition proceedings and not following ttle procedure as prescribed under the provisions of the Right to Fair Compensation and Trarsparency in Land Acquisition, Rehabilitation and Resettlement Act, 2O13 (for short the Act) in respect of land admeasuring Ac. 15-OO guntas in Sy.No.77 situated at Dharmasagar Revenue Village, Kataram Mandal, Karimnagar^-District (hereinafter referred to as^,subject land), as illegal, arbitrary ald unconstitutional and for other appropriate reliefs.

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It is stated that tJle petitioners are the absolute owners and possessors of subject land. It is the case of the petitioners that their names were mutated in the revenue records as per the provisions of the Record of Rights in Land and pattadar Passbooks Act, 7971 and the Revenue authorities also issued pattadar passbooks and title deeds in their favour. It is the further case of the petiLioners that while renovating the Dharmasagar Kunta under Mission Kakatiya, without following any provisions of the Act, respondent Nos.2 to 5 have acquired

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the subject land u.hich is forming part of Dharmasagar Kunta and the sarri I(unta was taken up for renova tion utde notification No.24/20tS 2016, dated 203.,O4.2O7S.issued by the Execurive Engineer, V rnor Irrigation Department. The grievance of the petitioners is that though they have submitted severar repre sen tatir'n s to respondent Nos.2 to 5, construction u,ork was not stopped a.d Dharmasagar Kunta is constructecl in their private land.

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Learneci Assistant Government pleader for Revenue appearing frrr .espondent Nos. 1 to 3 has submitted that as per the revenue r_-cords, Dharmasagar Kunta was existing since Iong time and they have not initiated any action to enhance the storage capacity of the Tank to claim that the land of petrtroners was submerg,rd in the renovation process. He further submits that only to :;trengthen the Tank bund, the respondents have taken up rerrovation work under Mission Kakatiya. It is submitted tha: the petitioners are entifled to cultivate the subject land as arrd rv.ren the water level being reduced in the Tank, but they are not hzLving arry right to claim compensation for the lands which are alrez,dy submerged in,the Tank since long time. Stating the said facts, :hey disputed the submergence of the lalds in the renovation v,,orl< tal<en rrp for Dharmas2gar Kunta.

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4 - In view of the said submissions, without going into the disputed issues i.e., whether the subject land belongs to petitioners and it is forming part of Dharmasagar Kunta or not and w'hether the respondents have taken up renovation work for enharcing the storage capacity of Tank under Mission Kakatiya or not, this Court deems it appropriate to dispose of the writ petition, permitting the petitioners to make an application before respondent No.3-District Collector, if their lands are submerged in view of the renovation work undertaken by the respondents uide notification No.24/2Of 5_2016, dated 23.O4.2015. In the event of land of the petitioners beinS, submerged due to the renovation work of Dharmasagar Kunta, the respondents are directed to initiate appropriate proceedings in accordance with Iaw for payment of compensation to the petitioners.

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