High Court · 2025

. Aged about 23 years, Occ : Dependent 2A. Veerdmaneni Dneslr, S/o.Narsimha Rao Aged about 23 years, Occ : Dependeni 2L. Veeramaneni Sathwika, D/o.Srinivas Rao Aged about 22 years, Occ : Dependeni

22. Boda Sharanya, D/o.Srinivas Aged about 20 years, Occ : Dependent

23. ponaganti Nithin, S/o.Chander Rao Aged about 24 years, Occ : Dependent

24. Uduthaprasanna,D/o.Bikshapathy Aged about 20 years, Occ : Dependent

25. Shaik Ismait, Slo.Shaik Khadar Aged about 22 years, Occ : Dependent

26. Vanga Hanumanva, S/o.Vanga Ravi Aged about ?2 years, Occ : 6ependent 27. Mekala Vamshi Krishna, S/o.Mekala Ravi Agedabout22 years, Occ, O.p.nO.ni

28. ElakantiGowthami,D/o.Mahendar Ageo about 23 years, Occ : Dependent 2e' ?::1"-Iln?'k' D/o'venkat Rao, Aged about 20 years, Occ : Dependent

30. Errabelli Sai Shiva, S/o.Devendar Aged about 20 years, Occ : oJiendent :3 I E { 13

31. ' Chennoji Anjali, D/o.Ramesh Aged about 20 Years, Occ : DePendent (All are R/o.Dubbhapally Village, H/o.Chelpur Village, Ghanpur Mandal, jayashankar Bhupalpally District, Telangana State) ...Petitioners AND TheSffesf Telangana Rep. by its PrinciPal Secretary Revenue (Land Acquisition) Department Telangana Secretariat, HYderabad. The State of Telangana Rep. by its Prin 'clp-dtsecretary Energy Department Telangana Secretariat, Hyderabad. The Commissioner Rehabititation and Resettlement Government of Telangana Budha Bhavan, Rani Gunj, Hyderabad. The Distri'C Collector Jayashanker Bhupalpally District Manjoor Nagar, Bhupalpally, Telangana - 506 169. The Revenue Divisional Officer, Bhupalpally Revenue Divisional Jayashankar.Bhupalpally District, T.S, Telangana State Power Generation Corporation Ltd', 6-3-643, Vidyuth Soudha, Khiratabad Hyderabad, Telangana - 500 082 Rep. by its Chairman & Managing Director. The Chief Engineer (O & M) Kakatiya Thermal Power Project (K[PP), Chelpur Village, Ghanpur Mandal Jayashankar Bhupalpally District, Telangana - 506 168. 1 2 3 4

5. 6 7 .4. ...ResPondents Petition Under Artrcle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of N,4andamus, declaring the action of the 5th Respondent in issuing the lmpugned Endorsement. in Rc.No.A/71212015, d1.19.12.2024 where under refusing to consider the representatrons of the petitioners d1.19.03.2024,

28.03.2024, 30.03.2024. 01 .O4.2024 and 18.O4.2O24 whereby r:onsidering the request of the petitioners to extend the cutoff date from the datel of Preliminary Notlfication to the date of passing of R and R Package .Award art the ground of the petitioners being minors at the time of Preliminary Notification d1.04.06.2019 as illegal, arbitrary, u ncon stitutional and contrary to the Apex Court Judgment and consequently by seiting aside the lmpugned Endorsement of the Sth respondent d1.19.12.2024, cjirr-.ct the Respondent Nos.4 and 5 to consider the case of the petitioners as on the passing of the RandR Package Award b,r, extending the cutoff date and to extend the benefits under Rand R Package as per Land Acquisition Act 2013 by duly considering their o bjectio n s/re presentations dt.30.03.2024 in the interest of justice. l.A.NO:1 OF 2025 Petition Uncer Sectjon 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased lo suspend the lmpur;ned Endorsement of the 5th respondent in Rc. No.A/712120'15, d|.19.12.2024 by cluly considering the objections of the petitioners dt.30.03.2024 by keeping the proposed forwarding of the draft RandR Package for approval by the 3rd respondeni, pending disposal of the above writ petition. Counsel for the Petitioners : SRI M.JANARDHAN RAO Counsel for the Respondent Nos.1 & 3 to 5 : GP FOR LAND ACQUISITION Counsel for the Respondent No.2 : G.P FOR ENERGY Counsel for the Respondent Nos.6 & 7 : SRI N.SREEDHAR REDDY The Court made the following ORDER I j I l I I I HON'BLE SRI JUSTICE T. VINOD KUMAR I W.P.No.1717 of 2o25 ORDER: This Writ Petition is filed with the following prayer: ".....to issue an appropiate Wit, Order or Direction, more partianlarly one in th.e nature of Writ of Mandamus, declaing the action of the sth Respondent in issuing the Impugned Endorsement in Rc.No.A/712/2015, dt.19.12.2024 uhere under refustng to consider the representations of the petittoners, dt.19.03.2024, 28.03.2024, 30.03.2024, 01.04.2024 & 18.04.2024, tuherebg considering the request of the petitioners to ertend the cutoff date from the date of Preliminary Notification to the date of passing of R&R Package ALUard on the ground of the petitioners being minors at the time of Preliminary Notiftcation, dt.04.06.2019 as illegal, arbitrary, unconstttutional and contrary to the Apex Court Judgment and consequentlg bg setting aside tle Impugned Endorsement of the Sth respondent, dt.19.12.2o24, direct the Respondent Nos4 & 5 to cottsider tlle case of the petitioners as on the passing of the R&R Packqge Autard bg ertending the attoff date and to ertend the benefits ulder R&,R Package as per Land. Acquisition Act 2013 bA dulg considering their objections/ representations dt. 3 0. O3. 2 02 4 in th.e interest ofjustice, and to pass such other order...."

2. Though learned counsel for petitioner appeared before this Court on 23.01.2025, and on this Court pointing out that in order to be considered for being extended with R&R benehts, one has to be an adult member on the date of issuance of preliminary notification, counsel for petitioner sought a day's time to place before this Court judicial precedents in support of his contention that the date of displacement or issuance of R&R notice is to be considered as basis for extending the said benefits. l i I 2

3. Hou'evq1, on the matter [sing listed today, there is no representation on behalf of the petitioners by the counsel appearing o, their beharf. Thus, this court has proceeded to hear the learned Government pleader for Land Acquisition appearing for respondent Nos. 1, 3 to 5, learned Government pleacler lor Energz appearing for respondent No.2, and perused the record.

4. Though thc petitioners admit to the fact of being minors on the date when the respondents-authorities have issued preliminary notification, dt.O4.06.2Ol9, since, on the date of notice, 14.O3.2O24 rssued for determination of R&R benehts, they having crossed the age of 18 years, they would be entitled to be considered as a separate family as per the Explanation appended to the definition of 'familg'as delined under Section 3(m) of the Right to Fair Compcn sation and Transparency in Land Ar;quisition, Rehabilitatroi-r and Resettlement Act, 2013 (for short ,the Act).

5. Howevr:r, from a reading of the definition of ,famitg, as del-rned under Section 3(m) of the Act read with Ruie 22 of the Telangana State Right to Fair Compensation ancl Transparency in Land Acquisition, Rehabilitation and Resettlement (Social Impact Assessment and Consent) Rules, 2Ol4 (for short ,thr: Rules), dealing with preparation of Rehabilitation and Resettrement Scheme and pub.lic hearing, it appears that it makes referefrce to preliminary notihcation issued under Section 1 1 (1) of the Act as 3 the basis for preparation of Rehabilitation and Reseltlement Scheme and public hearing.

6. Since, Section 31(1) of the Act requires the Collectors to pass Rehabilitation and Resettlement Arvard for each affected family in terms of the entitlement provided under Second Schedule of the Act and the defrnition of the term 'affected family'as dehned under Section 3(c) of the Act makes a reference to the term 'family', which has been dehned under Section 3(m) of the Act as noted herein above, it is by virtue of the explanation appended to the dehnition of 'family', an adult of either gender with or without spouse or children or dependents, would have to be considered as a separate family.

7. However, for the purpose of reckoning, as to whether the petitioners are to be considered as a 'separate family', reference is to be made to Rule 22 of the Rules, which specifies the date of publication of the preliminary notihcation under Section 11(1) of the Act as the basis for conducting survey and undertaking census of the affec ted families.

8. Thus, applying the requirement prescribed under Rule 22 of \ the Rules, since, the preliminary notilication is dt.04.06.2019, and inasmuch as all the petitioners have not attained the age of 18 years as on the date of issuance of preliminary notihcation, the petitioners would stand exclt-tded from being governed by the l 4 Explanatton to Section 3(m), which defines ,family,, in order to claim R&R trenefits in terms of Section 31 of the Act

9. Furtl-rr:r, as the respontlents_authoritie s while conducting survey having noted the date oi birth of the petitioners as reUected in their SSC memos in order to decide the eligibility or otherwise of the petitioners for R&,R benehts and as the petitioners were admittedlv nrinors, who are included in the definit ion of ,family, which has been referred to in the definition ol , affectecl familg, or 'displaced familll'as defined under Sections 3(c) and 3(k) of the Act, this Cottrt is of the considered view that petition,:rs cannot claim as belng eligible to be extended with R&R benefits Ln terms of Section 31 read with Second Schedule of the Act and Rule 22 of the Rules.

10. For the foregoing discussion, this Court is of the r:onsidered opinion that the present Writ petition is devoid oI merit and it fails. 1 1 . Accorclingly, the Writ petition is dismissed. No order as to costs.

12. Consequently, miscellaneous petitions, if any, pending in . - - . these ,ryit petilions shall stand closed. //TRUE COPY// SD/- T. TIRUMALA DEVI ASSISTANT REGISTRAR . Two CCs to Gp FOR LAND^ACQU|S|T|ON, High Court for the State of Telan_gana at Hyderabad. [OUT] . Two CCs to Gp'FOR eNEifCy, Uighr Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI IV.JANARDHAN RAO, Advocate IOPUCI . one CC to sRr N SREEDHAR REDDV. i;;;;;i;lbFU,C) . Two CD Copies I rivr I vvu FFICER To 1 2 4 5 SA GJP I HIGH COURT DATED:2410112025 ORDER WP.No.1717 of 2025 - o.' tL:l \.. 4,.. ). , ;i, LL \F_ .$ $s !stH * iI DISMISSING THE W.P WITHOUT COSTS. -,1 u{'t'} e) X(*