THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION Nos.25601 and 25625 of 2018

COMMON ORDER:

The petitioners allege that their lands in Suraram Village, Palvancha Mandal, Khammam District, have been acquired by the Government for the purpose of construction of Northern Ash Pond-II, Kothagudem Thermal Power Station, Palvancha; and therefore the petitioners are entitled to employment in the respondent-Company under “Land Losers Quota” as per G.O.Ms.No.98 dated 15.04.1986, and G.O.Ms.No.247 dated 29.12.2008; however, no employment has been provided to them in the respondent-Company till now.

2. Heard learned Government Pleader for Services-I. Perused the record.

3. The crux of the case of the petitioners, as per the writ affidavit, is that they are “land losers”, and hence entitled to employment in the respondent-Company, under G.O.Ms.No.98 dated 15.04.1986, and G.O.Ms.No.247 dated 29.12.2008; and they have submitted representations in 2010 to respondent Nos.5 and 6, but to no avail.

4. The crux of the case of the respondents, based on the counter affidavit filed by respondent No.5-District Collector-cum-Chairman of the Selection Committee, is that the then Sub-Collector and Land Acquisition Officer, Palvoncha, acquired an extent of Ac.185-38 guntasin Suraram Village, Palvancha Mandal, for the purpose of Construction of Northern Ash Pond-II, at Kothagudem Thermal Power Station, and passed an Award No.01/2009 vide Rc.No.B/1195/2004 dated 23.06.2009;

that the land acquired by the Government does not belong to the petitioners and that the petitioners are not land losers or displaced persons for considering their claims under G.O.Ms.No.98 dated 15.04.1986, and G.O.Ms.No.247 dated 29.12.2008, for providing employment; that respondent No.6, i.e, the District Collector, Khammam, has conducted District Selection Committee for eligible land losers and recommended the names of land losers/displaced persons for employment in the respondent-Company; that the petitioners have got fabricated entries into the pahanies for the purpose of this case.

5. It can be seen that proposals for land acquisition for Construction of Northern Ash Pond-II of KTPS, O&M, at Palvoncha, in the village limits of Suraram village of Palvoncha Mandal, have begun in the year 2004, and survey of lands has also taken place and a total of Ac.185-38 guntas has been acquiredvide Award No.01/2009. The details of land losers/displaced persons and the survey number of the respective lands are mentioned in Page Nos.8 to 18 of the Award No.01/2009 dated 23.06.2009, passed under Section 11(1) and 11(2) of the Land Acquisition Act, 1894. It is the specific contention of the respondent authorities, borne out of record, that the petitioners lands have not been acquired for the purpose of Construction of Northern Ash Pond-II in the Kothagudam Thermal Power Station; and that the District Collector has conducted District Selection Committee for eligible land losers and recommended the names of such eligible persons for employment in respondent-

Company.

6. It is to be noted that though the petitioners plead that their lands have been acquired, there is no mention in the Award that their lands have actually formed part of the lands that have been acquired under the Award.Merely because the lands of the petitioners are allegedly located in the same survey number as that of the lands acquired by the Government, it cannot be inferred that the lands of the petitioners were also acquired by the Government. Moreover, the Award No.01/2009 contains the specific details of the persons i.e., the pattadar/account holder, and the extent of land acquired by the Government, and those details does not show that the lands of the petitioners were acquired under the Award No.01/2009. The case put forth by the petitioners that in addition to pattadars of the land, the possessors/enjoyers of the land were also considered for employment under “Land Losers Quota” has been specifically denied by the responde