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2020 Supreme(Telangana) 588

IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
M.S. Ramachandra Rao, K. Lakshman, JJ.
Yedla Babulu And Others - Appellant
Versus
State Of Telangana - Respondent
Writ Petition No. 2188 of 2020
Decided On : 03-09-2020

Advocates:
Ravi Kumar, Advocate

Headnote:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 11(1) - Hindu English Daily newspaper - Payment of equal compensation - They claim to be working on lands of their parents and others in village and thus contributing to income of their respective families - Constructing Reservoir Irrigation Project by District Collector District - This was published in Eenadu Telugu Daily Newspaper on and in Times of India English Daily Newspaper on - No objections were filed by petitioners to said acquisition - Declaration under Section 19 was published in Vaartha Telugu Newspaper and Hindu English Daily newspaper - Held, Respondents in that State Policy is more beneficial to the affected persons and so the petitioners ought to opt for State Policy or Schedule II to benefits question in this Writ Petition is not whether R & R benefit offered to Project Displaced Families in form of lumpsum package under Act is more beneficial than what is available under Act or not - Assuming it is more beneficial if adult married members of such families are being paid lakhs in cash and are getting - Open plot with a house thereon or cost of construction of same identical benefits ought to be given by respondents to adult unmarried members of such families as well without any discrimination - Writ Petition is allowed

JUDGMENT

M.S.Ramachandra Rao, J. - The background facts :

    The petitioners are residents of Mamidyala Village, Mulugu Mandal, Siddipet District in the State of Telangana. They have all attained the age of majority, but are unmarried (except the 18th petitioner who is stated to have got married in April, 2019). They claim to be working on the lands of their parents and others in the village and thus contributing to the income of their respective families.

    2. The parents of the petitioners had houses in the above village and the petitioners, since they did not have any houses of their own, claim to be living with their parents.

    3. A preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( for short, 'the Act 30 of 2013' ) was issued for acquiring 45 houses in the said Village including that of the parents of the petitioners [Ex.P.3 Award Enquiry Notice under Rule 26 read with Section 21(4) of Act 30 of 2013 issued to the father of the 1st petitioner gives these details] under Act 30 of 2013 as amended by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Telangana Amendment) Act, 2016 ( for short, 'Act 21 of 2017 ) for constructing 'Kondapochamma Sagar Reservoir' under the 'Kaleswaram Irrigation Project' by the District Collector, Siddipet District. This was published in 'Eenadu Telugu Daily Newspaper' on 24.09.2018 and in the 'Times of India' English Daily Newspaper on 26.09.2018. No objections were filed by the petitioners to the said acquisition. Declaration under Section 19 was published on 31.08.2019 in Vaartha Telugu Newspaper and 'The Hindu' English Daily newspaper.

    4. Under the preliminary notification, the Joint Collector, Siddipet was appointed as Administrator for administering Resettlement and Rehabilitation of the persons who would lose their houses.

      Contentions of the petitioners

      5. According to the petitioners, it had become difficult to live in the Village because of heavy dust and noise coming from the construction work; there were no livelihood opportunities because of earlier acquisition of agricultural lands in the village; and the petitioners were hoping that proper Resettlement and Rehabilitation (for short, 'R & R') would be provided as per the provisions of Act 30 of 2013 and they can relocate to a new place and begin a new life. They allege that Officers attached to the District Collector's Office came to the village and did listing of houses and members living therein under a purported survey in 2019 but did not provide any details and did not issue any notices; procedure laid down in Sections 15 to 18 of Act 30 of 2013 was not followed; without preparing and notifying any R & R Scheme and without even publishing any declaration under Section 19 (1) of the Act 30 of 2013, the respondents conducted a camp in May, 2019 and asked the Project Displaced Persons to come and collect cheques towards R & R.

      6. Petitioners allege that when they enquired with the respondents, they were informed that R & R benefits were being provided as per Act 21 of 2017 under consent'; that unmarried adult displaced persons were being given a package of Rs.5 lakhs and a plot of 250 Sq.Yds. by the Government but not full-fledged R & R package under Act 30 of 2013 which was being given to married adult displaced persons.

      7. They contend that discrimination is being shown to them by the respondents because adult married displaced persons were being given a Double Bed Room house on a 250 Sq.Yd. plot in the R & R colony along with Rs.7.5 lakhs.

      8. According to them, the definition of the term 'family' in Clause (m) of Section 3 of the Act contains an 'explanation' which directs that an adult of either gender with or without spouse or children or dependents shall be considered as a 'separate family' for the purposes of the Act; and therefore the respondents cannot show any discriminat





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