Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Telangana) 432

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Vasireddy Appa Rao – Appellant
Versus
The Union of India and others - Respondents
Writ Petition No.3901 of 2023
Decided on : 29-11-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr M.Prateek Reddy
For the Respondent 5:P.Harinath Guptha Standing counsel for NHAI

IMPORTANT POINT
The court emphasized the importance of following the mandatory procedure for land acquisition, considering objections, and conducting proper valuation of trees. It also highlighted the need for compliance with previous court orders.

Headnote:
LAND ACQUISITION - VALUATION OF TREES - National Highways Act, 1956, Section 3D - Summary: The court allowed the writ petition, directing the respondents not to interfere with the red sandalwood and sandalwood trees on the petitioner's land until proper valuation is completed. The court found that the mandatory procedure had not been followed, and the objections of the petitioner had not been considered. The court directed the constitution of a committee of experts to revalue the trees in the petitioner's presence and communicate the decision within two months. The interim orders directing non-interference with the trees were to remain in force until the revaluation was completed.
Fact of the Case:
The petitioner owned land with red sandalwood and sandalwood trees, which the government sought to acquire for a highway project. The petitioner objected to the acquisition and sought reasonable compensation for the trees. The land acquisition authorities did not consider the objections and issued an award without proper valuation, leading the petitioner to file a writ petition.
Finding of the Court:
The court found that the mandatory procedure had not been followed, and the objections of the petitioner had not been considered. The court directed the constitution of a committee of experts to revalue the trees in the petitioner's presence and communicate the decision within two months. The interim orders directing non-interference with the trees were to remain in force until the revaluation was completed.
Issues: The main issues were the failure to consider the petitioner's objections, the lack of proper valuation of the trees, and the non-compliance with the court's previous orders.
Ratio Decidendi: The court held that the mandatory procedure for land acquisition had not been followed, and the objections of the petitioner had not been considered. The court directed the constitution of a committee of experts to revalue the trees in the petitioner's presence and communicate the decision within two months.
Final Decision: The writ petition was allowed, and the respondents were directed not to interfere with the red sandalwood and sandalwood trees on the petitioner's land until proper valuation was completed. The interim orders directing non-interference with the trees were to remain in force until the revaluation was completed.

ORDER :

Heard Mr M.Prateek Reddy, the learned counsel appearing on behalf of the petitioner, Mr G.Praveen Kumar. Learned Deputy Solicitor General of India appearing on behalf of respondent No.1, learned Government Pleader for Revenue appearing on behalf of respondent Nos.2, 3 and 6 and Mr P.Harinath Gupta, learned standing counsel appearing on behalf of respondent Nos.4 and 5.

2. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the 3rd respondent in issuing Land Acquisition Award vide Rc.No.G1/2078/2018-Structure, dated 27.12.2022 without conducting a proper valuation of red sandalwood and sandalwood trees on the Petitioner’s land measuring Ac. 11.27 Gts of agricultural land in Survey Nos. 1254, 1254/AA, 1263, 1264, 1265, 1274/AA at Yerraboinapally Village, Kalluru Mandal, Khammam District, Telangana, the action of Respondent No.1 in issuing notification under Section 3D of the National Highways Act, 1956 published in Central Gazette No. 4862, dated 16.12.2021 and in issuing notification under Section 3D of the National Highways Act, 1956 in Central Gazette No. 3463, dated 30.10.2020 without disposing the petitioner’s objections under Section 3C of the said Act and the actions of the 5th respondent in attempting to fell the said red sandalwood and sandalwood trees on the Petitioner’s land as illegal and unjust and consequently, direct the respondents not to interfere with the red sandalwood and sandalwood trees on the Petitioner’s land without conducting a proper and reasonable valuation of the said trees.

3. The case of the Petitioner, in brief, is as follows:

a) Petitioner is the absolute owner and possessor of the land admeasuring AC. 11.27 Guntas at Yerraboinapally Village, Kalluru Mandal, Khammam District, Telangana having purchased the same vide registered sale deed dated 14.10.2009 bearing document No.2557 of 2009. The petitioner had been using the said land for growing certain crops and moreover, the said land had several sandalwood, red sander, mango and other trees, which the petitioner had been caring.

b) The Red Sandalwood and Sandalwood trees were already five years old when the petitioner had purchased the land. In the year 2020, the Government of India had proposed to acquire land for laying, four lane road from Khammam to Devarapally.

c) Government of India initially appointed the Joint Collector, Khammam as the Competent Authority Land Acquisition (CALA) and later the Additional Collector, Khammam was appointed as Competent Authority Land Acquisition (CALA).

d) The 1st respondent issued a public notice dated 09.11.2020 in the Newspaper for acquiring land for the above mentioned project, which included the land of the petitioner, to an extent of Ac. 2.20. Petitioner then made a representation to Joint Collector dated 27.11.2020 raising certain objections.

e) Thereafter, petitioner made further representation on 24.02.2021 to the District Collector & Magistrate, Khammam District referring to the auction conducted on the sale of Red Sandalwoods logs for Government of Andhra Pradesh and requested for reasonable compensation for petitioner’s red sandalwood and the same had been forwarded to the Tahsildar vide letter dated 16.12.2020 directing to conduct a field inspection.

f) The Land Acquisition Authorities have requested multiple forest officers in and out of Telangana State, with regards to the procedure for acquiring lands with sandalwood trees.

g) The objections raised in representations of the petitioner were not disposed by the land acquisition authorities and moreover it is evident that the Government has no knowledge about the procedure to be followed for determining the amount of land acquisition compensation for red sandalwood and sandalwood trees and despite the same, the 3rd respondent issued award vide Rc.No.G1/2186/2019-Structure Award dated 05.03.2022 disposing of the petitioner’s representation, without granting an opportunity for hearing to the petitioner.

h) CALA, has deposite