IMPORTANT POINT
The court established that compliance with compensation and rehabilitation provisions under Act 30 of 2013 is mandatory before dispossession of landowners.

ORDER :

Heard the learned counsel Sri Ch. Ravi Kumar, appearing on behalf of the petitioners, learned Government Pleader for Land Acquisition appearing on behalf of respondent Nos.1, 4 and 7, learned Government Pleader for Irrigation and Commercial Area Development for respondent No.2, learned Advocate General appearing on behalf of respondent No.3 and learned Government Pleader for Revenue appearing on behalf of respondent Nos.5 and 6.

2. The petitioner approached the court seeking prayer as under:

“…to issue a Writ of Mandamus declaring the action of the respondent authorities in proceeding to take away the possession of the lands of the petitioners and taking up construction works without completing the payment of compensation as well as Rehabilitation and Resettlement entitlements to the petitioners as required under the law, pursuant to declarations vide Proc.No.G/555/2017, dated 01.01.2017 and 16.05.2017 as illegal and unconstitutional and consequently direct the respondent authorities to immediately refer all the pending applications of the petitioners to the competent authority u/s. 64 of the Act 30 of 2013 and complete the provision of Rehabilitation and Resettlement entitlements as per the 2nd and 3rd Schedules of Act 30 of 2013 before taking possession and construction activities in the subject lands listed in declarations vide Proc.No.G/555/2017, dated 01.01.2017 and 16.05.2017 and pass…”

3. The case of the Petitioners in brief as per the averments made in the affidavit filed by the Petitioner in support of the present writ petition is as under :

(a) The Petitioners herein are the land owners and farmers of Agricultural lands situated in Ananthagiri Village, Illanthakunta Mandal, Rajanna Siricilla District (Erstwhile Karimnagar District). Petitioners land had been acquired for construction of Ananthagiri reservoir under Kaleswaram Project Package Number 10 under 2 (Two) preliminary notifications issued under Section 11(1) of Act 30 of 2013, acquiring an extent of Ac.69.221/2 gts and Ac.257.37 gts vide respective notifications.

(b) Pursuant to the issuance of the notifications, some of the petitioners had filed preliminary objections. The Authorities did not follow any mandatory procedures stipulated under Section 11(2), 11(5), 15 (2), 16, 17 and 18 of Act 30 of 2013.

(c) Even the collector did not revise and update the market value of the lands before the issuance of notification under section 11(1) and without following any mandatory procedures, the impugned notifications vide Proc.No.G/555/2017, dated 01.01.2017 and 16.05.2017 were issued.

(d) Petitioner owing to immense pressure and threats had to give away their lands and could not even challenge the procedural violations. However, the 12th petitioner herein had filed W.P. No. 2184 of 2018 challenging the procedural violations and when the said W.P is pending, respondents had passed the award and the 12th petitioner therein had to take the compensation under protest.

(e) Petitioners made a representation to the authorities during the award enquiry and before passing of award, that the petitioners were not satisfied with the compensation determined by the authorities along with other irregularities i.e., measurements of lands, structures etc.

(f) But the authorities ignoring the representations of the petitioners had passed the award and the notices were issued u/s 37(2) and even some of the petitioners did not take the compensation but the other petitioners who have taken the compensation have taken it under protest.

(g) Petitioners then made a representation to the Collector and land acquisition authorities for referring the matter to the competent authority u/s.64 seeking higher and proper compensation for petitioners’ land and to resolve the issues but the only selective issues were referred to land acquisition officer.

(h) The Authorities did not pass complete awards as required u/s.23, but have awarded compensation u/s. 30 of the Act and hence the intervention of aut