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2022 Supreme(Telangana) 329

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.NAVEEN RAO, SHAMEEM AKTHER, JJ.
Varala Sudhakar S/o Narsaiah and 19 others – Appellant
Versus
The State of Telangana and others – Respondents
Writ Petition Nos.30587, 30655 of 2021, WP (PIL) No.126 of 2021, 5498, 5505, 5512, 5546 of 2022
Decided on : 29-03-2022

Advocates:
Advocate Appeared:
For the Appellant : Sri G. Vidyasagar, for Sri Sai Prasen Gundavaram

Headnote:(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 11(1) - Writ petitions filed against notifications pertaining to land acquisition for the Kaleshwaram Lift Irrigation Project (KLIP) - Petitioners argue the State failed to secure necessary clearances prior to land acquisition. (Paras 1, 5, 6, 50)

(B) Jurisdiction of High Court - Legal objections raised regarding maintainability on the ground of inter-state water disputes as defined under Article 262 and Act 33 of 1956 - Court observes that disputes over water use fall under the jurisdiction of the special tribunal, hence writ petitions are maintainable with respect to land acquisition. (Paras 21, 50, 60)

(C) Public interest - Acquisition contested on the grounds of environmental clearance and statutory permissions - Court emphasizes the need for balancing public interest against individual grievance, holding the acquisition to be valid as it serves public purpose. (Paras 56, 57)

(D) The Court ultimately dismissed the writ petitions due to the maintainability challenge under the jurisdictional provisions governing inter-state water disputes, while allowing for remedy under the applicable land acquisition act. (Paras 58, 60)

Table of Content
1. challenge to land acquisition notifications. (Para 1 , 2)
2. interim stay and proceedings in court. (Para 3 , 4)
3. government's water drawing capacity and project approvals. (Para 5 , 6)

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 Boar

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