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2021 Supreme(Telangana) 324

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. Naveen Rao, Shameem Akther, JJ.
Varala Sudhakar S/o Narsaiah others - Petitioners
Versus
The State of Telangana, Rep by the Principal Secretary Department of Revenue Land Acquisition and others - Respondents
Writ Petition Nos. 5498, 5505, 5512, 5546 of 2022, 30587, 30655 of 2021, WP (PIL) NO.126 of 2021
Decided On : 29-03-2022

Advocates:
Advocate Appeared:
For the Petitioner: Sri G Vidyasagar, learned senior counsel for Sri Sai Prasen Gundavaram

Headnote:

Constitution of India,1950 - Articles 262, 226 , 32 , 262(1). , 136 , 3 and 4 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Sections 11(1), 10A , 84 , 85 , 10-A , 2 and 11 - Transparency in Land Acquisition - Public money for creation of additional one TMC per day drawing of water capacity from river - Government envisaged Lift Irrigation Project to lift water from river Godavari, to construct reservoirs, canals and pump houses at various locations to cater to irrigation and drinking water needs of Telangana. After formation of the State of Telangana, the Government of Telangana redesigned the scope of project now called as Lift Irrigation Project (KLIP). This project was conceived to create new command area, stabilization of existing command area, supplying drinking water and water for industrial purposes. According to the State Government, the Technical Advisory Committee has approved to draw 195 TMC of water from the river Godavari , 20 TMC of water Project, 25 TMC of groundwater, making a total drawing capacity of 240 TMC - All statutory clearances were granted. Initially, the State Government proposed to draw only 2 TMC of water per day, to lift 180 TMC in 90 days of the year – Held, power under Article 226 is discretionary - It will be exercised only in furtherance of interests of justice and not merely on the making out of a legal point. And in the matter of land acquisition for public purposes, the interests of justice and the public interest coalesce - They are very often one and the same. Even in a civil suit, granting of injunction or other similar orders, more particularly of an interlocutory nature, is equally discretionary - Courts have to weigh the public interest vis-à-vis the private interest while exercising the power under Article 226 — Indeed any of their discretionary powers - It may even be open to High Court to direct, in case it finds finally that the acquisition was vitiated on account of non-compliance with some legal requirement that the persons interested shall also be entitled to a particular amount of damages to be awarded as a lump sum or calculated at a certain percentage of compensation payable. There are many ways of affording appropriate relief and redressing a wrong; quashing the acquisition proceedings is not only mode of redress - Central Government directed both State Governments to stop work on unapproved projects; that National Green Tribunal, Principal Bench in its order made in Appeal - Writ Petitions are dismissed.

ORDER :

W.P.Nos.30587 and 30655 of 2021 are filed challenging the notification dated 27.09.2021 issued by the Land Acquisition Officer under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013). W.P.Nos.5498, 5512 and 5546 of 2022 are filed challenging the similar notification dated 07.11.2021. Petitioners in all these writ petitions are owners of land of various extents in Uppara Mallial Village, Gangadhara Mandal, Karimnagar District, Vilasagar village, Boinapalli mandal, Rajanna Sirsilla District and Kurikyala Village Gangadhara Mandal Karimnagar District respectively.

2. W.P.(PIL).No.126 of 2021 is filed praying to issue Writ of Mandamus by declaring the action of the Telangana State in securing loans, awarding contracts, acquiring lands and allowing the works to be taken up with public money for creation of additional one TMC per day drawing of water capacity from river Godavari as part of the Kaleshwaram Lift Irrigation Project System without necessary statutory clearances including environmental clearances.

3. In W.P.No.30587 and 30655 of 2021, learned single Judge of this Court, by order dated 26.11.2021 stayed the notification dated 27.09.2021. Praying to vacate the interim stay, on behalf of respondent Nos.1, 3, 4 and 5, I.A.No.2 of 2021 is filed in W.P.No.30587 of 2021. In the meantime, W.P.Nos.5498, 5512 and 5546 of 2022 are filed.

4. We have heard learned senior counsel Sri. G.VidyaSagar, appearing for counsel for petitioners in W.P.Nos.30587 & 30655 of 2021, 5498, 5512 & 5546 of 2022 and learned counsel Sri K.S.Murthy, counsel for petitioner in W.P.(PIL).No.126 of 2021, learned Additional Advocate General for the State Government and learned Assistant Solicitor General Sri Namavarapu Rajeshwar Rao, for Central Government.

5. In the combined State of Andhra Pradesh, the then Government envisaged Lift Irrigation Project to lift water from river Godavari, to construct reservoirs, canals and pump houses at various locations to cater to the irrigation and drinking water needs of Telangana. After formation of the State of Telangana, the Government of Telangana redesigned the scope of the project now called as Kaleshwaram Lift Irrigation Project (KLIP). This project was conceived to create new command area, stabilization of existing command area, supplying drinking water and water for industrial purposes. According to the State Government, the Technical Advisory Committee has approved to draw 195 TMC of water from the river Godavari at Medigadda, 20 TMC of water from Sripada Yellampally Project, 25 TMC of groundwater, making a total drawing capacity of 240 TMC. All statutory clearances were granted. Initially, the State Government proposed to draw only 2 TMC of water per day, to lift 180 TMC in 90 days of the year. In the year 2019, the State Government has decided to increase the drawing capacity of the water to 3 TMC per day. These writ petitions are filed challenging various decisions, actions taken pursuant to the decision to increase the drawing capacity of water from river Godavari to 3 TMC per day.

6. The challenge to the land acquisition notifications and various decisions of the State Government is mounted on the ground that the decision of the Government to draw additional 1 TMC was not preceded by Detailed Project Report (DPR), Environment Impact Assessment and the Godavari River Water Board approvals from the Union of India. It is their pleaded case that on the complaint by individuals and the Government of State of Andhra Pradesh, Union of India imposed clear restriction on undertaking any work relating to increase of 1 TMC including construction of Canals until approvals are obtained from Godavari River Management Board (GRMB) and to this extent, notification was issued by Union of India on 15.07.2021. It is further asserted that the Principal Bench of the National Green Tribunal, New Delhi, in its order dated 20.10.2020

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