Disposed

Parlapelli Leya v. State of Telangana

Telangana HC7 Jan 2025WP/20095/2024

Case brief

AI extract

What is this about?

The High Court directed the land acquisition authorities to consider the petitioner's objections submitted under Section 21 while passing the award under Section 23. The Court held that the proceedings were not lapsed due to the extension of time obtained under Section 19(7).

What did the court decide?

Petitioner directed to be considered in land acquisition award enquiry under Section 23 of the RFLAR Act.

Parlapelli Leya Vs State of Telangana — Land Acquisition | Telangana HC (2025)

¶1

[³¹⁶⁶ ]

¶2

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

¶3

TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

¶6

WRIT PETITION NO: 20095 OF 2024

¶7

Between:

¶8

Parlapelli Leya, Wo. Ellaiah Eliya, Age.50 Years, Occu.House Wife, R/o. Sha Nagar Village, Ramadugu Mandal, Karimnagar District.

¶9

,..PETITIONER

¶10

AND

¶11

1 State of Telangana, rep by its Principal Secretary, Revenue Secretariat Buildings, at Hyderabad.

¶12

2 The District Collector, Karimnagar District. 3 The Revenue Divisional Officer, Karimna gar. 4 The Special Deputy Collector, L.A. R and lrrigation Project^Officer, l(arimnagar.

¶13

Tahsildai, Ramadugu [t/andal, Karimnagar^District.

¶14

...RESPONDENTS

¶15

Petition under Article 226 of lhe Constitution of lndia^praying thatⁱⁿ tho circumstances stated in the affidavit^filed therewith, the High^{Courtmay be} pleased to issue a writ, order or direction more particqlarly one in the nature of Writ of Mandamus declaring the in action of the Respondent No. 2 to 4^to Consider the representation of the^petitioner daled 09101212019,2710112024^anQ 1610212024 as illegal arbitrary and violative Articles 14,21 and 3004 of^the Constitution of lndia and consequently direct the^{respondent No.1} to 4^to Consider the representation of the^petitioner dated 09101212Q19,2710112024^and 1610212024 and to sanction the compensation under the Right to^Fair Compensation and Transparency^{in Land Acquisition, Rehabilitation}

¶16

lA NO:^'f OF 2024

¶17

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed rn support of the petition, the High court may be pleased to direct the responderrt No.1 to 4 to consider the representation of the petitioner dated 0911212019.27/0112024 and 16t02t2024 and to sanction the compensatio6 under the Right to Fair compensation and rransparency in Land Acquisition, Rehabilitation and Resettlement Act, 20'13 pending disposal of the writ petition lA NO: 2 OF 2024

¶18

Between:

¶19

i:1ip9jli,^L_"ry^Y]-o_ ,!t!riql^{Eliya,Ase.!0years,occu.HouseWife,Rio. Sha} Nagar Vtlage, Hamadugu Mandal. Karimnagar District.

¶20

.,.PETITIONER

¶21

AND

¶22

1 913,9,-:l lglgl.gll-"._L.p by its principat Secretary, Revenue Secretqrie! quflolngs, aI Hyderabad.

¶23

fhe Diskict Collector Karimnagar District.

¶24

The RevFnue^pivisional Officerl Karimnagar.

¶25

The Soecial Deoutu Colecior, L.A.R and lnigaflon proJect Offig9r, Karimndgar.

¶26

Tahsildar, Ramadugu Mandal, Karimnagar District.

¶27

..,RESPONDENTS/ RESPONDENTS

¶28

6 Pprlapalli Laphaiah, s/o Potti Narsaiah, age 63 years, occ: genior cilizgp [1o H.No 1-21t4t1. Shan agar viilage,^{"Bamarirgr-'m-rndrl-riiiir-,i'd'#} djskict, 505531

¶29

1. pprapalli Mqllaiah, S/o Eilaiah, age 63 years, occ Senior Citizen. R/o Pendalqnipalti Vilage. Ramadugu mindat. xiiimnasiibiJtii.itOstg-"' "'"

¶30

..,RESPONDENTS

¶31

Petition under section^'i 5i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased tg implead the Parlapalri Lachaiah,^parrapaili Mailaiah as Respondent No. 6 and Z in the above writ petition

¶32

Counsel for the Petitioner: SRl. BODA RAKESH NAtK

¶33

Counsel forthe Respondents: THE ADVOCATE GENERAL

¶34

The Court made the following: ORDER

¶35

¶36

HON'BLE SRI JUSTICE T. VINOD KUMAR

¶37

W.p.No.2OO95 of2O24

¶38

ORDER:

¶39

Heard learned counsel for petitioner through Video Conference mode, learned Assistant Government pleader attached to the Office of the learned Advocate General appearing for respondent Nos. I to 5, and perused the record.

¶40

The case of the petitioner. ln brief, IS that though the respondents-authorities have initiated land acquisition proceedings by issuing preliminary notification, d,t.27 .Ol .2022 gazetted on 2g.O1.2O22, no award has been passed till date; that she was issued with notice, dt.27.01.2024, under Section 21 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short .the ActJ; that she had submitted objections to the aforesaid notice on 22.o1.2o24 stating that her name has been excluded in the preliminary notification issued by the respondents_authorities in respect of land in survey No.302 of Sha Nagar Village, Ramadugu Mandal, Karimnagar District, though the same was proposed to be acquired for the purpose of excavation of Main Canal_III between IFFC & Kakatiya Canal; and that in spite of the petitioner submitting her objections to the aforesaid acquisition proceedings, no action has been initiated and no award has been passed till date correcting

¶41

¶42

¶43

the name of rhe enjoyer of the land in survey No.32 of Sha Nagar village, Ramerdugu Mandal, Karimnagar District, and instead the respondents-:luthorities arc continuing land acqulsttlon proceedings in the name of wrong person, which action it is contended as illegal and arbitrary.

¶44

Petitioner further contends that since, the land acquisition proceedings were initiated by issuing preliminary notificalion under Section 1i(l) of the Act on 27.O1.2O22 published on 29.O1.2022, the acquisition proceedings have lapsed, and thus, the respondents-authorities cannot procced with the land acqtrisition proceedings.

¶45

Counter affidavit on behalf of respondent No.4 is filed. By placing reliance on the aforesaid counter affidavit, learned Assistant Government Pleader wou.ld submit that though the preliminary notihcation was gazette+ on 29.O1 .2022, tlne validity of I the said notification was extended by further period of 12 months and thereafter declaration u/s. 19 of the Act was published on 24.O1.2024 and gazetted on 25.01.2024; that the authorities thus, have time. of one year for passing an Award from the date of the gaz/-tte notification of the declaration; a'rld that since, the said period of 12 months has not lapsed, the petitioner cannot claim of

¶46

¶47

the respondents-authorities not passing an award and the preliminary notification having lapsed.

¶48

l,earned Assistant Government pleader would further submit that the Declaration under Section 19 of the Act was published in Eenadu vernacular newspaper and Hindu newspaper on 03.02.2024 and also published the substance in the locality on 27.0t.2024.

¶49

Learned Assistant Government pleader would further submit that the authorities on obtaining extension and publishing the declaration under section 1g ol the Act on 25.01.2024 have issued notice under Section 21 of the Act to the petitioner on 22.O1.2024.

¶50

7 . It is further contended by the learned Assistant Government Pleader that on the authorities issuing the aforementioned notice under Section 2 i of the Act, petitioner having submitted objections to the same on 27.OL.2024, the authorities would consider the said objections while passing the Award by causing enquiry in terms of Section 23 of the Act; and that during the said enquiry, if the authorities find the claim of the pedtioner to be valid and genuine, the authorities would consider the same, and if the authorities notice existence of any dispute in relation to the subject land, they would take further action as provided under the Act at the time of passing of the Award.

¶51

¶52

¶53

g. I have^{tak<--n note of the respective submissions made}

¶54

g. Though^{the petitioner had claimedthat due to non-passing} of the^{Award by the respondents-authorities,the preliminary} notification^{havinglapsed,it is to be noted that since, the} respondents^{by the counter afhdavit filed have statedthe} authorities^{obtainingextension of time as provided under Section} l9(7) of^{the Act by publishing a declaration on 25 O 1'2024,the} authorities^{wouid get a furtherperiod of 12 months from the date} of declaration^{for passing of the award as per Section25 of the Act,} which^is Yet^{to exPire'}

¶55

Thus,^{tht: eventualitiescontemplatedeither under Section19} or Section^{25 having not occurred, the petitioner Cannotclaim that} the^{preliminary notification havinglapsed,thereby the} respondents-authorities^{being precluded from taking any aclion in} respect^{of the land being claimed by the petitioner'}

¶56

Further,^{it is to be noted that on the respondents-authorities} issuing^{preliminary notifrcation on 2i 'Ot '2022publishedon} 29.O1.2022,^{the petitioner was required to submitobjections} theretowithin60days.Admittedly,thepetitionerdidnotsubmit objections^{within the time provided under SectionI 1(4) of the Act'} Since,noob-jectionswerereceived,theauthoritiestookfurther action of issuing^{a declarationunder Section 19 of the Act on}

¶57

25.O1.2024, after obtaining extension as provided under the Act, and thereafter have issued notice under Section 2l of the Act on 27.O1.2024.

¶58

L2. It is at this point, the petitioner submitted her objections to the notice issued under Section 2l$l of the Act, which is required to be gone into by the respondents-authorities while undertaking award enquiry in terms of Section 23 of the Act.

¶59

Since, it is stated that the authorities are in the process of award enquiry, this Court is of the view that the respondentsauthorities are to be directed to consider the objections submitted by the petitioner on 22.O1.2O24 whlle passing the Award in terms of Section 25 of the Act. Upon the respondents_authorities passing the Award, if the claim of the petitioner is accepted, she would be entitled to receive the compensation determined thereunder, failing which, the authorities are at liberty to make a reference to the Authority under Section 64 of the Act.

¶60