The exemption from Social Impact Assessment under s. 10-A of the Land Acquisition Act, 2013 (as amended by Telangana Act 2016) for specific projects categorized as public purpose is valid, and disputes regarding compensation are to be resolved during the award enquiry proceedings.

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner herein, with the following prayer:

“….to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the Notification issued under Section 11 of Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013 as amended Act No.30 of 2013 calling objections for the proposed acquisition of 50 houses of the petitioners as described in the cause title having total extent 6140.11 sq. yards for the purpose of beautification of thousand pillar temple by exempting 10-A of the Act No.30 of 2013 as illegal, arbitrary and violative of Principles of Natural Justice and violative of Article 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from their respective residential houses and commercial structures and to pass such other order or orders may deem fit and proper in the circumstances of the case.”

2. The case of the petitioners is that they are owners and occupants of residential houses and commercial structures situated towards the north-west and north-east of the Thousand Pillar Temple at Hanamkonda, Warangal Urban District. According to them, some of the structures are abutting the main road from Kazipet to Warangal and are being used for commercial activities, while others are exclusively residential in nature. It is their case that they have no other source of livelihood except the income derived from the said properties, including rents obtained from portions let out to tenants. The petitioners contend that the proposed acquisition of their houses and structures under the Notification issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the act, 2012’), purportedly for the purpose of beautification of the Thousand Pillar Temple, is illegal, arbitrary, violative of the principles of natural justice, and does not fall within the ambit of “public purpose” as contemplated under Sections 2 and 3 of the Act 2013.

3. The petitioners further contend that the respondents failed to undertake the mandatory Social Impact Assessment, rehabilitation and resettlement exercise prior to issuance of the impugned notification. It is specifically contended that the lands and structures sought to be acquired are valuable properties having substantial commercial potential owing to their location, and the compensation likely to be awarded would not enable them to acquire alternative properties of similar value or extent. The petitioners further assert that they had submitted detailed objections to the proposed acquisition; however, the respondents proceeded without considering the same. According to them, any dispossession pursuant to the impugned notification would result in irreparable loss, deprivation of livelihood, and severe hardship to the affected families.

4. The petitioners also contend that the alleged public purpose of beautification of the Thousand Pillar Temple is unsustainable, particularly when vast extents of land are already available with the Government surrounding the temple premises. It is stated that substantial land had previously been acquired for development of gardens, shopping facilities, and parking areas, but the same has either not been utilized for the stated purpose or has been leased out to private parties. The petitioners therefore contend that there is no necessity fo