The court ruled that displaced individuals do not have a guaranteed right to specific lands for rehabilitation, especially when alternative developed sites are provided.

ORDER:

All the petitioners are residents of KrishnampalemVillage and all are agriculturists and agriculture labours and they are residing at Survey Nos.91/2, 91/1, 84/3, 116/15, 116/20, 89/7, 116/5, 117/17, 95/1, 116/14, 84/2, 94/4, 65/1 and 66/1 of Krishnampalem Village, Rambilli Mandal, Visakhapatnam District (present Anakapalli District).

2. The present writ petition is filed aggrieved by the action of respondents in not providing rehabilitation and resettlement for acquisition of lands in Krishnampalem Village, Rambilli Mandal, Anakapalli District, contrary to G.O.Rt.No.846, Revenue (Lands- IX) Department, dated 07.09.2023.

3. Initially, in the year 2006, a notification was given for acquiring the lands for establishment of start-up area phase-I, VCIC by APIIC. Thereafter, in the year 2008, an award was passed by the 4^th respondent vide award No.2, dated 16.02.2008, granting compensation to the petitioners and subsequently, after the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 (for short, ‘the Act 30 of 2013’) came into force, the authorities have identified the petitioners are displaced persons as their lands were acquired. Accordingly, they are entitled for compensation for resettlement and rehabilitation. Accordingly, the 1^st respondent has considered and issued G.O.Rt.No.846 dated 07.09.2023 allotting a land of Ac.32.49 cents of Panchadarla Village, Rambilli Mandal, Anakapalli District. Accordingly, the 6^th respondent vide proceedings dated 11.10.2023 directed the 7^th respondent to prepare the list of beneficiaries and the said land was also reserved for resettlement area for displaced families of the petitioners. Accordingly, the 7^th respondent has prepared the eligibility list vide proceedings dated 18.09.2024. But, till date the respondent authorities did not demarcate the plots in those designated R & R lands situated in Panchadarla Village. The 8^th respondent has also addressed a letter to the Tahsildar stating that the APIIC has acquired the said resettlement area to provide R & R to Krishnapalem Village displaced families and requested to fix the boundaries of the said resettlement area. However, till date, the process is not done.

4. Surprisingly, on 21.07.2025, some lotteries were drawn in the office of the 8^th respondent. The petitioners have questioned the said action and requested to conduct the lottery pertaining to the lands in Panchadarla Village. But, the respondent authorities have conducted a lottery including the petitioners in some other lands which is contrary to G.O.Rt.No.846 dated 07.09.2023. The said action of the 8^th respondent is illegal and arbitrary and it cannot defeat the rights in respect of relocate the village at some other place other than the Panchadarla Village. The said action of the respondents is at the behest of local real estate agents and accordingly, the officers have given up the R & R scheme and the land reserved for R & R in Panchadarla Village. In fact, the land designated and reserved resettlement area in Survey Nos.315/1 and 2, 316/1 and 317-1 of Panchadarla Village, Rambilli Mandal, Anakapalli District is suitable for residential purpose. Though the petitioners have raised objections with regard to the allotment of plots by way of a lottery other than the reserved place, despite the same, the Zonal Manager of APIIC has conducted lottery in respect of allotment of plots in different villages which is contrary to G.O.Rt.No.846 dated