Eligibility for rehabilitation benefits hinges on residency status in affected areas as per established policy definitions; administrative decisions backed by valid notifications are enforceable.

ORDER :

Anil Kumar Jukanti, J.

This Writ Petition is filed with the following Prayer:

“…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not extending the re-settlement and rehabilitation (RR) benefits to me and other petitioners as per G.O.Ms.No.68, irrigation & CAD (project Wing-LA-IV-R&R) Department dt. 8-4-2005 as amended vide G.O.Ms.No.88, irrigation & CAD (PW:LA:IV-R&R) Department dt. 26-8-2010, as illegal, arbitrary, unreasonable, and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to extend all the benefits to the petitioners under the said G.O, and to pass such other or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”

2. Heard Mr. N. Hari Prasad, learned counsel for the petitioners, Ms. Dara Haritha Kiran, learned Assistant Government Pleader for Revenue, Ms. Swathi, learned Assistant Government Pleader for Irrigation & Command Area Development and learned Assistant Government Pleader for Land Acquisition for respondents.

3. Learned counsel for petitioners submits that petitioners are eligible for re-settlement and rehabilitation benefits (for short 'R&R benefits) that in the first list (initial gazette notification dated 23.02.2010), petitioner Nos.2, 4 and their father were shown as eligible persons for receiving R&R benefits. But, in the subsequent list (subsequent gazette notification dated 13.02.2015) their names were not shown, they stood deleted and the R&R benefits are not granted to them. It is the case of petitioners that objections were raised to the final list on the ground that their names were deleted, even though it was brought to the notice of authorities that they were eligible, yet they were not granted benefits.

4. Proceedings of the District Collector dated 23.02.2010 and socio-economic survey details of families of Chegyam Village submitted by the R&R Officer, LA Unit-V, SYP & Dr. BRAPCSSP, Ramagundam, Karimnagar District, Revenue Divisional Officer, Peddapalli were approved for publication in Karimnagar District Gazette and ordered to be published in Extraordinary issue of Karimnagar District Gazette along with notification of the abstract of R&R benefits of Chegyam Village, Sripada Yellampalli Project with the entire list of the names of the family members and family head. The said proceedings were issued in 23.02.2010.

5. Learned counsel placed reliance on the definition of family in G.O.Ms.No.88 dated 26.08.2010. The amendment made to paragraph No.3.10 (a) of Chapter III (Ex.P1 at Page No.11), the following is the definition of family:

"1) Para 3.10 (a) of Chapter-III is replaced with the following:

3.10 (a): "Family includes a person, his or her spouse, minor sons, minor daughters, minor brothers or minor sisters and other members residing with him and dependent on him for their livelihood. Further each major son and major daughter residing with such person will be treated as a separate family and the cut off date for calculating their age of 18 years will be the date of notification issued under Section 4 (i) of Land Acquisition Act, 1894 for acquisition of the village as notified under Para 5.1 of this G.O.

2) The words "appropriate Government" occurring in the first line of Para 5.12 may be read as "District Collector"."

6. Government of Andhra Pradesh Resettlement and Rehabilitation Policy, 2005, speaks of the benefits for Project Affected Families, the individuals displaced under the project. It is not in dispute that initial list containe