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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MUMMINENI SUDHEER KUMAR, J.
Yerrannagari Kamalamma W/o Late Keshava Reddy – Petitioner
Versus
State of Telangana – Respondent
Writ Petition No. 14399 of 2019, Writ Petition No. 6268 of 2021
Decided On : 10-11-2023
R&R Benefits - Displaced Family - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 3(m) - Summary: The court considered whether single adult members of the affected and displaced family are entitled to R&R benefits by treating them as a separate family. The court held that widows, divorcees, and women deserted by families are considered separate families under Section 3(m) of the Act, and an adult of either gender, with or without spouse or children, shall be considered as a separate family. The court declared the petitioners entitled to R&R benefits as a separate family and deemed the respondents' action of not extending the benefits as illegal.
Fact of the Case:
The petitioners, single adult members of the displaced family, sought extension of Rehabilitation and Resettlement (R&R) benefits by treating them as a separate family under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act 2013). The respondents had extended R&R benefits to the family members under a government order, but the petitioners claimed entitlement as a separate family.
Finding of the Court:
The court found that the petitioners, as single adult members falling within the definition of separate family under Section 3(m) of the Act, were entitled to R&R benefits. It rejected the respondents' argument that the petitioners had consented to the R&R benefits under a government order, as there was no evidence of such consent. The court declared the respondents' action of not extending the benefits to the petitioners as illegal.
Issues: The main issue was whether the single adult members of the affected and displaced family were entitled to R&R benefits by treating them as a separate family, despite the extension of benefits to their family members under a government order.
Ratio Decidendi: The court interpreted Section 3(m) of the Act, emphasizing that widows, divorcees, and women deserted by families are considered separate families, and an adult of either gender, with or without spouse or children, shall be considered as a separate family. It held that the petitioners, as single adult members, were entitled to R&R benefits as a separate family.
Final Decision: The court allowed the writ petitions, declaring the petitioners entitled to be treated as a separate family under Section 3(m) of the Act 2013 and directed the respondents to extend R&R benefits to the petitioners within four months.
ORDER :
1. Heard Sri Ch. Ravi Kumar, learned counsel for the petitioners and Sri A. Sanjeev Kumar, learned Special Government Pleader representing the learned Additional Advocate General for the respondents.
2. All the petitioners herein are the widows or widowers and single persons being adult members of the displaced family within the meaning of Clause (k) of Section 3 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act 2013’) and they also come within the meaning of affected family under Clause (c) of Section 3 of the Act, 2013.
3. The petitioners in Writ Petition No. 14399 of 2019 are all the persons belonging to Vemulaghat Village, Thoguta Mandal, Siddipet District, whereas, the petitioners in Writ Petition No. 6268 of 2021 are all the persons belonging to Yetigadda Kistapur Village, Thoguta Mandal, Siddipet District.
4. The entire land and structures situated in both the villages to an extent of Acs. 2500.00 gts. were acquired for the purpose of construction of ‘Komuravelli Mallanna Sagar Reservoir’ during the years 2016-2019. The acquisition of the property had taken place under the provisions of the Act, 2013 and compensation was also duly paid to the respective owners of the properties.
5. The issue, that arise for consideration in these two (02) Writ Petitions, is whether the petitioners herein, who are the single adult members of the affected and displaced family, are entitled for extension of the Rehabilitation and Resettlement (for short ‘R&R’) benefits by treating them as a separate family or not? The house properties of some of the petitioners were also acquired and they were paid compensation for the same and there is no dispute about the same.
6. Petitioner Nos. 6 and 47 in Writ Petition No. 14399 of 2019 and petitioner No. 7 in Writ Petition No. 6268 of 2021 were extended the R&R entitlements on the ground that they does not have son/daughter. The other petitioners were denied the R&R entitlements on the ground that their family members were extended the said benefit in terms of the R&R scheme introduced by the State under G.O.Ms. No. 120, Revenue (JA&LA) Department, dated 30.06.2017.
7. Aggrieved by such action of the respondents in not extending the R&R benefits to the petitioners by treating them as a separate family, the petitioners approached this Court by filing the present Writ Petitions.
8. Sri Ch. Ravi Kumar, learned counsel appearing for the petitioners, contended that all the petitioners herein being the single elder member coming within the meaning of widows, divorcees and women deserted by families, are entitled to be treated as a separate family in terms of the proviso of Clause (m) of Section 3 of the Act, 2013, read with explanation to Clause (m) of Section 3 of the Act, 2013. The benefit that is being claimed by the petitioners herein is independent of the R&R benefits that were extended to their sons/daughters or other family members.
9. Sri A.Sanjeev Kumar, learned Special Government Pleader appearing for the respondents, contended that in terms of Section 107 of the Act, 2013, the State Legislature is competent to enact more beneficial laws to the affected families and in exercise of the said power, the State Government had issued G.O.Ms. No. 120, dated 30.06.2017, providing more beneficial R&R benefits than the benefits that were contemplated under the provisions of the Act, 2013 and all the family members, including the petitioners herein, have consented for extending the R&R benefits in terms of G.O.Ms. No. 120 and accordingly, the R&R benefits were extended to the family members of the petitioners herein in terms of G.O.Ms. No. 120. It is also contended that all the family members of the petitioners, having opted to avail the benefits under G.O.Ms. No. 120, which is more beneficial than the benefits provided under the Act, 2013, have now come forward claiming for extending the R&R benefits by falling back on the p
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Section 108 of Act 30 of 2013 gives an option to the affected families to avail better compensation and rehabilitation and resettlement.
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