Encroachment on public land does not confer a right to rehabilitation and resettlement under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

JUDGMENT

M Venkata Ramana, J. - The writ petitioners are questioning the alleged action of the respondents 3 to 6, by which they alleged that they would be dispossessed from their houses upon their demolition, which are all located at Gurralamadugu Sangam, Muthukuru Road, Nellore.

2. The petitioners are daily wagers eking out their livelihood as construction workers in the activity of construction, painting, laying tiles, wood polishing etc. They are residing in their respective houses at Gurralamadugu Sangam, Nellore. They also stated that their forefathers occupied small extents of site abutting eastern bank of Sarvepalli canal that runs North-South.

3. Nellore Balancing Reservoir was constructed about more than 100 years ago across the Penna River in order to provide irrigation facilities to the southern delta under the Penna River. Sarvepalli canal takes off this reservoir on the south passing through Nellore municipal corporation area.

4. The petitioners claim that on account of the expansion of Nellore town, though there was no human habitation earlier on the banks of Sarvepalli canal, several colonies came up and their forefathers migrated from their original places to Balaji Nagar area, Nellore, occupied the site abutting the eastern bank of Sarvepalli canal and raised thatched houses. A few of them also constructed RCC structures and some others raised structures with asbestos roof. Their possession, according to the petitioners was recognised by Nellore municipal corporation. They have who are also issued Aadhaar cards.

5. The specific version of the petitioners is that, on 21.03.2021 the respondents 2 to 6 came to their locality and in the presence of the Minister for Irrigation, there was an interaction wherein they were informed that walls would be constructed on either side of Sarvepalli canal in order to beautify Nellore Town and directed them to vacate on or before 15.04.2021. It is also the version of the petitioners that in that interaction they were offered house sites and to construct house under housing schemes, that was agreeable. It is also the version of the petitioners that on that day, they informed the respondents that they would vacate the houses only upon providing house sites.

6. However, it is the complaint of the petitioners that on 30.03.2021 the 6th respondent came along with his staff informing that the work relating to the walls would start immediately and since they require place to dump the material, wanted them to vacate the premises and in the event of refusal, they were informed that the respondents would get them vacated demolishing their houses with the help of police.

7. The petitioners claimed that they are entitled to get the benefits under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) since they are the affected persons. Without such process of rehabilitation, according to the petitioners, they cannot be dispossessed from their respective sites. Thus, calling the proposed action of the respondents being illegal and arbitrary affecting their right to life, attracting Article-21 of the Constitution of India, the petitioners required a declaration by means of this writ petition and not to dispossess without following the mandatory provisions of the above Act.

8. When this matter came up initially on 23.04.2021, in view of the undertaking of the learned Additional Advocate General on behalf of the respondents that there would not be any demolition of the tenements of the petitioners, the same was recorded and this undertaking is in force.

9. On behalf of the respondents, a counter-affidavit is filed by the 3 rd respondent questioning the maintainability of this writ petition. It is specifically contended for the respondents that all the petitioners are encroachers of the site of Sarvepalli canal in Nellore town. Denying that the petitioners are entitled for any benefits under the Right to Fair Compensation and Tr