The mandatory requirement of giving an opportunity under Section 15 of the Act, 2013 to raise objections to the proposed acquisition of land must be followed.

Headnote:
LAND ACQUISITION - RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 - SECTION 15 - PERSONAL HEARING - SUMMARY
Fact of the Case:

The petitioners challenged the preliminary notification issued under Section 11(1) and the draft notification issued under Section 19(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the Act, 2013) proposing to acquire their lands. They contended that the mandatory requirement of giving an opportunity under Section 15 of the Act, 2013 had not been followed and personal hearing was also not afforded to them.
Finding of the Court:

The court noted that the petitioners had already submitted a representation to respondent No.6 and that respondent No.6 had issued a notice dated 07.10.2022 affording an opportunity to the petitioners. The court also noted that the learned Assistant Government Pleader for Land Acquisition fairly submitted that respondent No.6 would consider all the objections that are raised by the petitioners and then take further action in accordance with law.
Issues: Whether the petitioners were given an opportunity under Section 15 of the Act, 2013 to raise objections to the proposed acquisition of their lands.
Ratio Decidendi: The court held that it was for respondent No.6 to consider all the objections that are raised by the petitioners against the proposed acquisition of the subject lands. The court directed respondent No.6 to consider the objections raised by the petitioners within a period of four weeks and then proceed in accordance with law.
Final Decision: The writ petition was disposed of permitting the petitioners to raise all the objections that they intend to raise against the proposed acquisition of the subject lands within a period of two weeks from the date of receipt of a copy of the order.

I [³²⁵⁶ ]

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 17944 OF 2021 Between:

'1. Yarasani Keshava Reddy, S/o. Somi Reddy, Aged about 65 years, Occ.

Agriculture, Rejarla Village, Sattupally Mandal, Khammam District, Telangana.

2. Yarasani Bharathi, Wo, Keshava Reddy, Aged about 62 years, Occ.

Housewife, Rejarla Village, Sattupally Mandal, Khammam District, Telangana.

...PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department (Land Acquisition), Secretariat Buildings, 5th Floor, BRKR Bhavan, NH 44, Hill Fort, Adarsh Nagar, Hyderabad, Telangana-500063.

2. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, 5th Floor, BRKR Bhavan, NH 44, Hill Fort, Adarsh Nagar, Hyderabad, Telangana-500063.

3. The Singareni Collieries Company Ltd., Rep. by its Chairman and M.D., Kothagudem Collieries, Bhadradri Kothagudem District, Telangana - 507^'10'1 .

4. The District Collector, (LA), Khammam District, Telangana

5. The Joint Collecto(LA), Khammam District, Telangana.

6. The Revenue Divisional Officer (LA)(RDO), Khammam District, Telangana. 7. Mandal Revenue Officer, Satupally Mandal, Khammam District, Telangana.

...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in issuing a I I Declaration vide District Collector File No.G l /1 1 82/2019, d1.06/0412021 , RDO/Khammam File No.A,/329/2020, d1.2410212021 and Gazette Notification No.A111212021 , dt.0911412021 issued u/s.19(1)of RFCTLARR Act, 2013^pursuant to Preliminary Notification vide Collector File No.G1/1 18212019, d|j610912020, LAO/Khammam File No.A/329/2020, dt.O1l09l2O20, and Gazette Notification No.A3/35/2020, d1j610U2020 u/s.1¹⁽¹⁾ of RFCTLARR Act, 2013 for acquiring the lands to an extent of Ac.315-30 gts., by Singareni Collieries for open cast mining (OCP-ll) in Rejarla Village, Sattupally Mandal, Khammam DiStrict without conducting Grama Sabha and without considering objection raised under Section 15 as mandated under RFCTLARR Act,2013 as illegal, arbitrary, unconstitutional, in violation of the strict provisions of the Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and in violation of principles of natural justice and to consequently set aside the Declaration vide District Collector File No.G11118212019, dt.0610412021, RDo/Khammam File No.A/329/2020, dt.2410212021, and Gazette Notification No.A111212021 , d1.0910412021 issued u/s.19(1) of RFCTLARR Act, 2013 by first conducting a personal hearing and issuing a report on the said objections as mandated under Sec 15(2) pursuant to Preliminary Notification vide District Collector File No.G11118212019 dt.16/09/2020, LAO/Khammam File No.N329|2O2O, dt.0110912020, and Gazette Notification No.43/35/2020, d1j610912020 u/s.'1 1(1) of RFCTLARR Act, 2013.

lA NO: 1 OF 2021 Petition under Section^'15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including dispossession of petitioners from said lands i.e., in Sy.No.47IE/RU admeasuring Ac.0-20 gts., in Sy.No.47lE/EE admeasuring Ac. 1 -30 gts., Sy. No.47lE/U admeasuring Ac. 1 -00 gts., Sy. No.47l E/UU admeasuring Ac.0-18 gts., Sy.No.85/ 1/U admeasuring Ac.1-35 gts., belonging to Petitioner No.1 and in Sy.No.47l 1/2/tuA admeasuring Ac.3-02 gts. belonging to Petitioner No.2, situated in Rajerla Village, Sattupally Mandal, Khammam District pending outcome of the main writ petition.

Counsel for the Petitioners: SMT. B.RA

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