2025 Supreme(Online)(Tel) 22058
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Panta Surendra Reddy – Appellant
Versus
The State of Telangana – Respondent
WP/4878/2025
2013 and contrary to the provisions of the Telangana State Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Rules 2014 and also contrary to the provisions of the Telangana State Land Acquisition Consent Award Voluntary Acquisition and LumpSum Payment towards Rehabilitation and Resettlement Rules, 2017 and consequently direct the respondents not to trespass into our land without following the due procedure as contemplated under The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 the Telangana Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Rules, 2014 and the Telangana State Land Acquisition Consent Award Voluntary Acquisition and LumpSum Payment towards Rehabilitation and Resettlement Rules, 2017…”
Writ Petition No.4878 of 2025 is filed seeking the following prayer:
“declaring the action of the Respondent authorities in issuing proceedings vide Lr.No.1/03/2018 dt.12.10.2020 on the file of Respondent No.2 without issuing notice of the Petitioner as arbitrary, illegal, violative of principles of natural justice apart from contrary to the provisions of Right To Fair Compensation And Transparency In Land Acquisition Rehabilitation And Resettlement Act, 2013 and resultantly set aside the same and grant such other reliefs as this Honble Court may deem fit and proper in the circumstances of the case…”
2. Since the issue involved and the petitioners in all these writ petitions are common, these writ petitions were heard analogously and are being decided by this common order.
3. Facts giving rise to filing of W.P.No.30001 of
2018: Petitioners claim to be absolute owners and possessors of agricultural land admeasuring Ac.10-00 cents in Chandanvelly Village, Shabad Mandal, Ranga Reddy District (for short ‘subject land’ hereinafter) and are engaged in agriculture activities. On 27.02.2018, respondent No.4 issued impugned notification vide No.I/03/2018-2 dated 27.02.2018 in FORM-C as per Rule 6 of Acquisition Rules, 2017 and Section 11 of Acquisition Act, 2013 by exercising the power under Section 10A of the amended Act, 2017 notifying that the subject lands are proposed to be acquired for public purpose of respondent No.3. It is submitted that Section 10A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the 2013 Act’ hereinafter) provides that Government in public interest may by notification in the official gazette may exempt the application of Chapter II and III pertaining to determination of social impact and public purpose and provision regarding safeguarding of food security for some projects including the present Industrial Corridors set up by the Government (in which the land can be acquired only upto such distance on both sides of designated railway lines or roads as specified by the Government for specific projects from time to time and notify the same in the state gazette). It is submitted that in the instant case, no such notification is issued by the Government specifying the distance upto which the lands are to be acquired on the sides of the railway lines or roads as such respondent No.4 applying Section 10A of the 2013 Act and not determining the social impact and public purpose as provided under Section 4 to 10 directly issued the impugned notification.
4. It is submitted that 4th respondent issued Impugned Notification and prior to that the respondents followed the provisions of Acquisition Rules, 2017 and that those rules can be applied where only when there is consent between the land owners and the Government, otherwise the Government has to follow the Acquisition Rules, 2014 and as the petitioners never consented to give their lands had made a representation to the respondents to exempt their lands from land acquisition. In the instant case the 4th respondent did not conduct any preliminary enquir