The High Court · 2025

PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueawrit,orderoradirection,moreparticularlyoneinthenatureof writ of Mandamus, declaring the action of the respondents in not depositing the balance decretal amount and interest therein to the credit of order dated 12110t2023 passed in L A O.P.No 173 of 2019 in E.P.No. 17t2024, on the file of the Land Acquisition, Rehabilitation, Resetflement Authority at Nampally, Hyderabad, as illegal, arbitrary, unconstitutiona I and contrary to the judgment of the Large Bench of this Honourabte High Court reported in 2005(3) ALD page No.233 and consequently direct the respondents to deposit the same to the credit of order dated 1211012o23 passed in L.A.o.p.No. 173 ol 2019 in E.p.No. 17t2024, on the file of the Land Acquisition, Rehabilitation, Res,:tflement Authority at Nampally, Hyderabad. A NO: 1 OF 2025 Petition under Section j 5l CpC praying that in the Circrulps1s6"". stated in the affidavit filed in support of the petition, the High cou( may be pleased to direct the respondents herein to deposit the balance decretal amount and interest therein to the credit of order daled 1211012023 passed in L li.rf .p.No. 173 of 2019 in E.P.No. 1712024, on the file of the Land Acquisition, Rehabilitation, Resettlement Authority at Nampally, Hyderabad, forthwith, pending disposal of the writ petition. Counsel for the Petitioners: SRI AARE VENKATESWARA FIAO Counsel for the Respondent Nos.1 & 2: AGp FOR REVENUE Counsel for the Respondent Nos.3 & 4: SRI p.SRl HARSHA REDDy, SC FOR SCCL The Court made the following: ORDER HON 'BLE SRI JUSTICE N.V.SH Writ Petition No. 3247 I of2025 RAVAN KUMAR o R:ER.D Heard Mr.Aare Venkateswar Rao' learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondent Nos'l and 2 and Mr' P' Sri Harsha Reddy, learned Standing Counsel for Singareni Colleries for the respondent Nos'3 and 4' With their consent' this writ petition is being taken up for disposal at the admission stage itself. 2 This writ petition is filed seeking the following prayer: 'Declaring the action of the respondents in not depostting the baldnce decretal amount and interest therein to the cred.it of tlrc order dated 12'10 2023 passed' in L.A.O.P.No.173 of 2019 in E'P'No'17 of 2024 on the fle of *re Land Acquisitiorg Rehabilitation' Resettlement Auttnitg illegal' arbitrary' dt Nanpalty, Hyderabad as unconstitutional and contrary to the judgment of tte Larger Bench of this Court reported in 2005 (3) ALD Page No'233 and consequential direction to the respondents to deposit tlre same to the credtt of lhe order dated 12'10'2023 passed in L.A.O.P.No.173 of 2019 in E'P'No 17 oJ 2024 on the fle of tte Land' Acquisitton, Rehabilitatioy Resenlement Authoitg qt NamPdlIY' HYderabad ' J Facts in brief are that petitioners are the owners/ pattadars of the lands in Survey Nos.231, 241, 268' 269, 2a1,282,2a3,2A4, 286 ar.d 287 admeasuring Ac'47 '21 guntas situated at Kistaram Village' Sathupalli Mandal' I \ 2 Ka-lluru Division, Khammam District (hereina;tr:r referred as "subject propertl,") ald a requisition was maci,r on the above lands by the General Manager, Singareni Colk:ries Company Limited (respondent No.4) for the purpose of c.o:rstruction of Railways Siiding Work at J.V.R., for transporr of coal from Sathupalli to Kothagudem and on such requisrtion, the LAO issued a preliminary notilication under SectiorL t 1( 1) of the Land Acquisition, Rehabilitation and Resettlemt:rrt Act, 2013 (hereinafter c:rlled the Act No.30/2013) ar d the said notification rvas published in the gazettedated I I.01.2019 in R.C.No.G116 SS/2OlB and declaration under Sr,ction 19 (1) was pubiished in the Gazette in Rc.No.Gl.655/2019. On completion of due procedure and conducting Arvrl.d enquiry, the Lald Acquisition Officer passed an ilward in Rc.NO.C/375 /2018, dated O6.08.2019 by fixing tlle market value of the larld @ Rs.4,g3,389/- per acre allowing all statutory benefits like IOO% solatium and l2ohmarliet value. It is submitted that the petitioners have r.ceived the 4 ' award arnoun t under protest and they have rnade an application to the LAO under Section 64 of Act No..lO of 2013 and sought for reference to the Land A:quisition, Rehabilitation and Resettlement Authority for enh ancement 3 of compensation and the LAO referred the matter to the Authority and the said reference award was taken on record and numbered as LAOP No.lT3/2O19 and ttle Land Acquisition Authority enhanced the compensation from Rs.4,83,389/- per acre to Rs. 14,17,500/- per acre and passed the award and decree dated 12.10.2023 and thereafter the petitioners have frled E.P.No.l7 of 2024 before the Authority. During the pendency of the E. p, the Land Acquisition Ofhcer has preferred an appeal in L.A.A.S.No. 136 of 2024 against the award passed in L.A.O.P.No.lT3 of 2Ol9 before this Court and this Court had not granted any stay but the LAO had not deposited the award amount before the Land Acquisition Authority till date.

5. Learned counsel for the petitioners relied upon the order passed by the Larger Bench of this Court in 'Bhimidipati Annapoorna Bhantani a. Land. Acqui.sition Officer, Yelunt Resentolr Project, Ped.dapuram, Ea,st Godausri District, A.P. and. othersnl, and would submit that this Hon'ble Court in writ jurisdiction can issue appropriate direction to the Land Acquisition Authorities to deposit the decretal amounts as it is the obligation of the state of discharge its liability towards the displaced persons ' zoos 1:y ato z:t 1tn; 4 !r-\. \I "--- i who are in dire need of money for their settlement at new places. Questioning the inaction of the responCents, present writ pelition is frled.

6. The learned Assistant Government PL:ader for Land Acquisition on instructions would submit that the General Manager; SCCL, Kothagudem Area has submitted a requisition before the District Collector, Kha rr mam seeking acquisition of land to an extent of Ac.106.14 fiLrntas situated in Kistaram Revenue Village of Sathupalli llandal for the purpose of duping operations; in pursuanr:e, thereof the District Collector, Khamma has appointcd the Revenue Divisional Ofhcer, Kalluru as the Land Acquisition Ofhcer to initiate proceedings under the provisions of Thc Right to Fair Compensation and Transparency in Lan<l Acquisition, Rehabilitation and Resettlement Act, 20 13 (Act No.30 of 2Ol3). It is further submitted that the t,al<t Acquisition Officer, Kalluru, has passed separate awards in respect of the said acquisition and general award has been passed in Rc.No.C/375/2018 dated 06.08.2019 to zur extent of 4c.44.21 guntas ald the said proceedings ar.e the subject matter of the writ petition and thereafter the general awardees have received the compensation arn()unts und.er 5 protest and the matter was referred before the Land Acquisition, Rehabilitation and Resettlement Authority under Section 64 of Act No.30 of 2013. The authority numbered the case as L.A.O.P.No. 173 of 2Ol9 and uide award and decree dated 12.1O.2023, enhanced the compensation from Rs.a,83,389/- to Rs.14, 17,500/- per acre and subsequently, the petitioners have frled B.P.No. 17 of 2024 before the Authority for execution of the said decree. However, it was the respondents who preferred the appeal before this Court uide L.A.A.S.No. 136 of 2024 whrch' is pending consideration. Meanwhile, the orders dated 12.10.2023 of the Authority communicated Requisitioning Department/respondent N o. 4 uide Rc. No. C/ 375 / 2O2O, dated 27 .O4.2O24 directing the said department to deposit the differential and interest a-rnount before the District Collector, Khammam,. for onward remittance to the credit of the High Court, Hyderabad. The matter was accordingly submitted before the Authority, Hyderabad and a request was made seeking a period of two months to mobilize the requisite funds from the Requisitioning Department.

7. This Court has taken note of the submissions ald pleadings. I I

8. Admittedly, the facts are not in dispute sincr: the LARR Authority has already directed the respond ent No'4 uide Rc.No.Cl375l2O2O dated 27'O4'2O24 to rle:posit the differential amount before the District Collector' lihammam' g. Having considered the aforesaid facts and circumstances and in the light of the judgment p'rssed by this Court in uBhimldiPati Anno4toorna Bhaaanl a' Land Acquisltion Officer' Yelunt Reseraolr Proiect' Peddapura nt, East Goda uari District' A'P' and others" (supra), this writ petition is disposed of tlirecting the respondent No'4 to deposit the balalce decretrrl amount of the compensation with the applicable rate inte:rest to the credit of the order dated 12'10'2023 1n L'A'C)'P'No'173 of 201,9 in E.P No' 17 of 2024 on the Iile of the Lanrl Acquisition' Rehabilitation, Resettlement Authority at Nampally within a period of four (O4) months from the date of receipt of a copy of this order. There shall be no order as to costs' Miscellaneous applications' if any pending' shall stald closed. No order as to costs' SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY// To "^I.-i".l"i Hvderabad, State of Telangana' 1 The Principal Secretary to Government, Revenue (LA) D'epartment' ' , i#'bl;ftI C6ttector, Khammam Khammam Distlict r fhe Chairman ano vranaging Director' Singarenr.Colle'it:s Company Limited' " c;;p;;;t; office Red Hills Lakdikapool' Hvderabad ...:..' .,;(!f,i;; r. ia.t,:, iim{ls&ar; .. ,| \ 4 5 6 7 8 PSK BS Singareni Coileries Company Limited, Kothagudem I!:^G:?^"rfl ]\{ll_a,9.9! Area, uio. General Manaqer, Rudrampur at Kothagudem, Bhadradri Kothagudem District. One CC to SRI AARE VENKAT_ESWAR4 RAO, Advocate tOpUCl Two CCs to GP FOR REVENUE, High Court for tre Siite bt feti;gana, at Hyderabad. [OUTI One CC to SRI P.SRI HARSHA REDDY, SC FOR SCCL [OPUC] Two CD Copies I nt{ft HIGH COURT t DATED:30/1012025 \ I t ORDER WP.No.32871 ot 2025 rrif Sf4 Iq: (1o ( 1lt rnv p5 + a.,) .,1. ',.',' --;-/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS rF- ls \zi \\ o)