IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
RAMESH RANGANATHAN, KONGARA VIJAYA LAKSHMI, JJ.
Palaniswamy and another – Petitioners
Versus
The State of A.P. Revenue (Land Acquisition) Department, Secretariat, Hyderabad rep., by its Principal Secretary and two other – Respondents
Writ Appeal No.1048 of 2016
Decided On : 07-03-2018
Writ Appeal - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 19 - Land case - W.P was dismissed by the Learned Single Judge holding that the appellants-writ petitioners did not object regarding social impact assessment in both the representations/objections; the crux of the matter was that, after construction of the canal, the total land, except the building area, would become unusable for house/residential construction - They had sought compensation for the total area of Ac.2.16 cents; and there was no occasion before the Special Deputy Collector/Competent Authority, as prescribed to consider and grant a personal hearing to the petitioners - Held, In case the Writ Petition is allowed later, the Learned Single Judge may also consider determining the nature and extent of damages to be paid to the appellants-writ petitioners for their being illegally deprived of their lands, and direct its payment from the amounts kept in fixed deposit - It is made clear that we have neither stipulated the quantum of damages to be paid in such an eventuality to the appellants-writ petitioners, nor have we restricted the damages, if any, to be paid only to the amount deposited with the High Court - In case the Writ Petition were to be dismissed later, the amount kept in deposit, along with the interest accrued thereon, shall be returned to the State Government and it is only after compensation, in terms of the award passed, is paid to the appellants-writ petitioners and, in addition thereto the compensation determined for the un-acquired extent of Ac.2.16 cents of land plus 50% of the compensation payable to the appellant-writ petitioners in terms of the award passed for acquisition of their lands pursuant to the Section 11(1) notification is deposited with the Registrar of the High Court, shall the respondents herein, that too after complying with Sections 21 to 23 of the Act and passing an award strictly in accordance with Section 26 thereof, be entitled to take steps to dispossess the petitioners from the subject lands - Appeal disposed of. (Para 56)
Ramesh Ranganathan, J.
1. This appeal, under Clause 15 of the Letters Patent, is preferred against the order of the Learned Single Judge in W.P. No.31263 of 2016 dated 16.09.2016. The appellants herein filed W.P. No.31263 of 2016 seeking a writ of mandamus to declare the notification issued by the Joint Collector cum Special Land Acquisition Officer, Ananthapuramu under Section 11, and the declaration issued by him under Section 19, of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter called the 2013 Act), published in Eenadu Telugu daily on 12.04.2016, and Sakshi Telugu daily on 22.07.2016, in so far as the lands of the petitioners are concerned, as illegal, arbitrary and without jurisdiction.
2. W.P. No.31263 of 2016 was dismissed by the Learned Single Judge holding that the appellants-writ petitioners did not object regarding social impact assessment in both the representations/objections; the crux of the matter was that, after construction of the canal, the total land, except the building area, would become unusable for house/residential construction; they had sought compensation for the total area of Ac.2.16 cents; and there was no occasion before the Special Deputy Collector/Competent Authority, as prescribed under Section 15 of the 2013 Act, to consider and grant a personal hearing to the petitioners. Aggrieved thereby, the present appeal.
3. Before taking note of the rival submissions, urged on behalf of the appellants by Sri O. Manohar Reddy, learned counsel for the appellants, and on behalf of the respondents by the learned Advocate General for the State of Andhra Pradesh, it is necessary to note the facts in brief. The preliminary notification, under Section 11(1) of the 2013 Act, was issued on 12.04.2016 proposing to acquire the subject lands. This notification was published in Eenadu Telugu Daily on 12.04.2016. A notice, under Section 15(1) of the 2013 Act, is said to have been served on the petitioners who submitted their representations-objections by their letter dated 23.06.2016. Thereafter a declaration, under Section 19 of the 2013 Act, came to be passed on 11.07.2016. It is, however, not in dispute that no award has been passed in so far as the appellants- writ petitioners lands are concerned.
4. Sri O. Manohar Reddy, learned counsel for the appellants- writ-petitioners, would submit that the subject project did not have environmental clearance when the preliminary notification, under Section 11(1) of the 2013 Act, was issued; the earlier environmental clearance, granted by the Government of India in its letter dated 08.05.2006, had expired long before the preliminary notification was issued on 12.04.2016; the State Government has failed to conduct a social impact assessment study as stipulated under Sections 6(1) and (2) of the 2013 Act; against the order passed by the Division Bench of this Court, in State of A.P. v. Mummaneni Venkataramudu,(Judgment in W.A. No.933 of 2017 dated 29.12.2017) the matter was carried in appeal and the Supreme Court, by its order in SLP No.3371 of 2018 dated 05.02.2018, stayed the operation of the judgment and order passed in W.A. No.933 of 2017 dated 29.12.2017; since, admittedly, no social impact assessment study was conducted, the impugned notification issued under Section 11(1), and the subsequent declaration issued under Section 19(1), of the 2013 Act must be set aside; even otherwise, the petitioners objections, made under Section 15(1) of the 2013 Act, has not been considered; the appellants-Writ Petitioners were not afforded an opportunity of personal hearing as mandated by Section 15(2) of the 2013 Act; as a final decision, on the objections raised by the appellants under Section 15(1), is required to be taken by the appropriate Government, it is only if the Joint Collector had given the petitioners an opportunity of a personal hearing, as stipulated in Section 15(2), could they have satisf
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