THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.11148 of 2025

ORDER

Questioning the action of respondent No.2 in passing order in Order No.G2/1127/2023 dated 08.04.2025 served on 09.04.2025 of respondent No.2 as illegal and arbitrary under Section 15 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (briefly ‘the 2013 Act’ hereinafter) without jurisdiction and consequently to set aside the Order No.G2/1127/2023 dated 08.04.2025 passed by respondent No.2, the present writ petition is filed.

2. Heard Mr.T.Surya Satish, learned counsel for the petitioners and learned Special Government Pleader attached to the Office of learned Additional Advocate General appearing on behalf of respondent No.1.

3. The impugned order in G2/1127/2023 dated

08.04.2025 was passed based on common order passed by this Court in W.P.Nos.21370 and 14536 of 2024 dated 20.01.2025 whereby the respondent authorities were directed to take further action in terms of Section 15(2) and 15(3) of the 2013 Act after granting a fair opportunity of hearing to the petitioners. Thereafter, the District Collector, Rajanna Sircilla District has issued notice to the petitioners on 07.03.2025 and hearing was conducted on 12.03.2025 and petitioners submitted representation and requested to withdraw the Land Acquisition Proceedings on 12.03.2025. The District Collector, Rajanna Sircilla District in his order dated 08.04.2025 stated that the objections raised by the petitioners cannot be considered and disposed of the petitioner under Sections 15(2) and (3) of the 2013 Act and steps would be taken to complete the land acquisition as per the provisions of the 2013 Act. 4. Learned counsel for the petitioner draws attention of this Court to Sections 15(2) and (3) of the 2013 Act and submits that respondent No.2 has to make a report giving the details of the lands and persons affected and also the quantum of the compensation to be paid and a report with such details has to be furnished to the Government on the objections made under Sub-Section (2) of Section 15, whose decision shall be final. Learned senior counsel would further submit that respondent No.2 without following due process of law has taken his own decision to complete the land acquisition process.

5. Learned Special Government Pleader appearing on behalf of respondent No.1 would fairly submit that per se the order of respondent No.2 dated 08.04.2025 is not in terms of Section 15(2) and (3) of the 2013 Act and respondent No.2 ought to have made a report to the Government for taking final decision.

6. Learned counsel for the petitioner would further submit that already water is flowing in the subject property and now the land is deemed to be acquired by the respondents and compensation has to be paid in terms of the provision of the 2013 Act.

7. In view of the submissions made above, and since the order of District Collector, Rajanna Sircilla District i.e., respondent No.2 dated 08.04.2025 is not in terms of Section 15(2) and (3) of the 2013 Act, the same is hereby set aside and respondent authorities are directed to follow due process of law before initiating any action on the subject land and pass appropriate orders within a period of three (3) weeks from the date of receipt of a copy of this order.

8. Writ petition is allowed, accordingly.

Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.

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N.V.SHRAVAN KUMAR, J

16.04.2025

MRM