Point of Law: The Administrator shall, on completion of public hearing submit the draft Scheme for 17 Rehabilitation and Resettlement along with a specific report on the claims and objections raised in the public hearing to the Collector

JUDGMENT :

M Satyanarayana Murthy, J.

These two writ petitions are filed under Article 226 of the Constitution of India claiming identical relief against the same respondents to declare the rejection of Rehabilitation and Resettlement package to the petitioners on the ground of Non-Residents, as illegal and arbitrary, and against the principles laid down under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act 30 of 2013) and consequently direct the respondents to accord the scheme of Rehabilitation and Resettlement package to the petitioners as affected under the Polavaram Project at Kukunoor Village.

2. Since the relief claimed in both the petitions is identical, I find that it is appropriate to decide both the writ petitions by common order.

3. The petitioners are the owners of the land in Kukunoor Village, the same was acquired for Polavaram project. The Government formulated scheme called as Rehabilitation and Resettlement Package (for short "RR package") for those who are affected in any land acquisition, as per the guidelines and the Act 30 of 2013. The said scheme is extended to all those who are resident of Kukunoor village and other villages which are affected due to the land acquisition in the Polavaram Irrigation Project and similarly the petitioners are also affected in the said project along with other residents of Kukunoor village. Respondent No.3 herein has released the list of such affected families and the names of the petitioners in W.P.No.16172 of 2019 are shown at Serial No.599, 601, 602 and 603, whereas the name of the petitioner in W.P.No.16379 of 2019 is shown at Serial No.144 in the list and in the column of "remarks after field verification" it is shown as "non-resident rejected". The scheme is meant for those who are actually affected in the village due to the land acquisition and dislocation from the village and the petitioners are eligible for the said scheme. The petitioners are the permanent residents of Kukunoor village holding household supply card, paying property tax to the local Government besides possessing Aadhar Card, Voter Id and the petitioners submitted relevant documents to respondent No.3, but without considering the documentary evidence placed on record by the petitioners, the claim for rehabilitation and resettlement was rejected to the petitioners, such act of respondent No.3 is illegal, arbitrary and violative of principles of natural justice and provisions of Act 30 of 2013.

4. During hearing, learned counsel for the petitioners reiterated the contentions while drawing the attention of this Court to the definition of "family" under clause (m) of Section 3 of the Act 30 of 2013, as such the petitioners are adult members of either gender with or without spouse or children or dependents shall be considered as a separate family for the purpose of the Act 30 of 2013, thereby they are entitled to claim benefits of RR package. He has also drawn the attention of this Court to Section 15 of the Act 30 of 2013 to contend that the authorities are required to hear objections from any person interested in any land which has been notified under sub-section (1) of Section 11 of the Act 30 of 2013, but no such objections were called for and considered by respondent No.3 as required under Section 15 of the Act 30 of 2013, thereby committed an error in rejecting the claim of the petitioner and requested to set aside the order of rejection and direct the respondent No.3 to extend the benefits of rehabilitation and resettlement of the project to the petitioners.

5. Respondent No.3 did not file any counter. Learned Government Pleader for Land Acquisition placed on record, written instructions dated 26.10.2019 and contended that the petitioners are not residents of Kukunoor Village, which is a submergible area under the Polavaram Project to claim benefit of RR package. When the petitioners are not residents of D.No.2-71/3 of Ku