THOTTATHIL B. RADHAKRISHNAN, J.

1. We have heard the learned counsel for the petitioner and the learned Additional Advocate General for the State of Telangana.

2. The short issue that arises for decision in this matter is as to whether the competent authority was justified in proceeding with the proposal to have a new integrated Collectorate Complex in Khammam District.

3. Through order dated 06.03.2018, this Court had minuted the submission of the learned Advocate General for the State of Telangana that the construction of the building would be commenced only after the approval is sought and granted by this Court. Today, it is pointed out by the learned Additional Advocate General that the proposal for the construction is taken up after a statutory notification has been issued in accordance with Section 10A, which is part of Chapter IIIA, of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013); hereinafter referred to as the Central Act; which Chapter was introduced in that Central Act as per Telangana Act No.21 of 2017, which came into force from 01.01.2014.

4. The learned counsel for the petitioner making reference to the different provisions of the Central Act argued that the concept of infrastructure projects is something that should be understood in the context of the definition clause contained in Section 3(o) and that should be confined to what are enumerated under sub-Section (1) of Section 2 of that Act, in particular, clause (b) of that provision. He therefore argued that the phrase infrastructure including electrification and irrigation projects in Section 10A(b) as introduced by Telangana Act No.21 of 2017 should be read as restricted in its application to only electrification and irrigation projects and therefore, no other infrastructure could be brought in for the purpose of granting exemption by the State Government in exercise of authority under Section 10A of the Central Act, as amended by Telangana Act No.21 of 2017.

5. Section 2 (1) of the Central Act opens by saying that the provisions of that Act relating to land acquisition, compensation, rehabilitation and resettlement shall apply when the appropriate Government acquires land for its own use, hold and control including for public sector undertakings and for public purposes mentioned therein. The second limb of sub-Section (1) of Section 2 includes the various projects enumerated there under spreading from clauses (a) to (f) and it enlarges the scope of what has been stated in the opening paragraph of sub-Section (1) of Section (2). Therefore, sub-Section (1) of Section 2 has two limbs of which the first limb stands by itself and gets enlarged to the extent as provided through the second limb. The provision emphasized immediately hereinabove enjoins that the Government may acquire land for its own use, hold and control and the provisions of the Central Act will apply for such acquisition. Obviously therefore, the acquisition can relate to all matters which fall under the first limb of sub-Section (1) of Section 2.

6. We are also of the view that that it would not be harmonious, having regard to the objects sought to be achieved by the Central Act to confine the power under Section 10A, as introduced by Telangana Act No.21 of 2017 to be exclusively to electrification and irrigation projects or other infrastructure projects which would fall as enumerated ones under Section 2(1)(b). We may also notice here that even clause (b) of Section 2(1) is an inclusive clause. This is so even when Section 3(o) defines infrastructure project apparently with reference to clause (b) of sub-Section (1) of Section 2. This is so because even that definition of the term infrastructure project is an inclusive definition.

7. With the aforesaid, it needs to be emphasized that it cannot be gainsaid that the proposal to have an integrated Collectorate Complex is not a purpose which can be t