IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

:PRESENT: THE HONOURABLE SRI JUSTICE P NAVEEN RAO AND THE HONOURABLE Dr. JUSTICE SHAMEEM AKTHER

WRIT PETITION NO: 5546 OF 2022

Between:

• 1. Vuppu Lingaiah, S/o. Sri Vuppu Rajamallu.
• 2. Maidam Anjaiah, S/o. Sri Maidam Mallaiah.
• 3. Arukuti Yellaiah, S/o. Sri Arukuti Lingaiah.
• 4. Kencha Ellaiah, S/o. Sri Kencha Ilaiah.
• 5. Oggari Narsaiah, S/o. Sri Oggari Rajaiah.
• 6. Varukanti Rajaiah, S/o. Sri Varukanti Chinna Lingaiah.
• 7. Arukuti Lingaiah, S/o. Sri Arukuti Pedda Rajaiah.
• 8. Varukanti Rajamallu, S/o. Sri Varukanti Rajaiah.
• 9. Arukuti Bhoodamma, D/o. Sri Arukuti Rajaiah
• 10. Velichala Vidyasagar Rao, S/o. Sri Velichala Venkateswara Rao.
• 11. Velichala Vishnu Seshu Rao, S/o. Sri Velichala Hanumantha Rao.
• 12. Velichala Bhagwan Rao, S/o. Sri Velichala Hanumantha Rao.
• 13. Velichala Vamshidhar Rao, S/o. Sri Velichala Vidyasagar Rao.
• 14. Velichala Damodhar Rao, S/o. Sri Velichala Hanumantha Rao.

AND

Petitioners

• 1. The State of Telangana, Rep. by the Principal Secretary, Department of Revenue (Land Acquisition), T.S. Secretariat, Hyderabad.
• 2. The State of Telangana, Rep. by the Principal Secretary, Irrigation and CAD Department, T.S. Secretariat, Hyderabad
• 3. The District Collector, Karimnagar District, Karimnagar.
• 4. The Land Acquisition cum Revenue Divisional Officer, Karimnagar.
• 5. The Additional Collector, Mukarampura, Karimnagar, Telangana 505001
• 6. Engineer-In-Chief (Irrigation), Irram Manzil Colony, Punjagutta. Hyderabad, Telangana 500082
• 7. Union of India, Rep.by its Secretary, Ministry of Jal Shakti, Shram Shakti Bhavan, Rafi Marg. New Delhi - 110001

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction.

A. To declare the Notification vide proceedings No.B1/4124/2021 dated 14/12/2021 issued by the Respondent Nos.3 - 5 invoking jurisdiction under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred to as 2013 Act) notifying the properties of the Petitioners in Kurikyala Village, Gangadhara Mandal, Karimnagar District for acquisition for undertaking line modification, Cross Drainage (CD) and Cross Masonry (CM) works to draw additional 1.1 TMC water allegedly under the Kaleshwaram Project-II Package IV as being illegal, arbitrary, unconstitutional and in violation of the provisions of Act, 2013 as also being contrary to the order dated 20/10/2020 in Appeal No 20 of 2018 of the National Green Tribunal, Delhi and the Environment Impact Assessment rules notified vide Gazette Notification dated 14/09/2006, and

B. Consequently to set aside the proceedings No.B1/4124/2021 dated 14.12.2021 issued by the Respondent Nos.3 - 5 invoking jurisdiction under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred to as 2013 Act) notifying the properties of the Petitioners in Kurikyala Village, Gangadhara Mandal, Karimnagar District for acquisition for undertaking line modification, Cross Drainage (CD) and Cross Masonry (CM) works to draw additional 1.1 TMC water allegedly under the Kaleshwaram Project-II Package IV as being illegal, arbitrary, unconstitutional and in violation of the provisions of Act, 2013, and

C. Consequently direct the Respondents herein not to interfere with the Petitioners ownership, possession and enjoyment of the lands in their possession.

IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend/stay the operation of the proceedings No.B1/4124/2021 dated 14/12/2021, issued by the Respondent Nos.3 - 5, notifying the properties of the Petitioners in Kurikyala Village, Gangadhara Mandal. Karimnagar District including consequential actions for acquisition for undertaking line modification, Cross Drainage (CD) and Cross Masonry (CM) works to draw additional 1.1 TMC water allegedly under the Kaleshwaram Project-II Package IV, pending disposal of WP 5546 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri SOURABH AGARWAL, Advocate for the Petitioners, Spl. GP attached to the ADDL ADVOCATE GENERAL for the Respondents, the Court made the following

ORDER:

Learned Special Government Pleader, attached to the Learned Additional Advocate General, informs the Court that in connected writ petitions where reliance is placed on interim orders granted by this Court, vacate petitions are filed in W.P.Nos.27153, 30587 and 30655 of 2021 and requests to take up these maters along with this writ petition.

Registry is directed to obtain appropriate orders from the Hon'ble Chief Justice and subject to the orders of the Hon'ble Chief Justice, list the above mentioned matters along with this writ petition on 04-03-2022.

He also informs that W.P.(PIL) No.126 of 2021, W.P., Nos.23232, 25049, 25053, 25138, 25149 and 25805 of 2019 are connected to this writ petition and requests the same to be taken up along with this writ petition.

No coercive action affecting the petitioner shall be taken in the meantime.

Sd/- K. SAILESHI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Principal Secretary, Department of Revenue (Land Acquisition), State of Telangana, T.S. Secretariat, Hyderabad.
• 2. The Principal Secretary, Irrigation and CAD Department, State of Telangana, T.S. Secretariat, Hyderabad
• 3. The District Collector, Karimnagar District, Karimnagar.
• 4. The Land Acquisition cum Revenue Divisional Officer, Karimnagar.
• 5. The Additional Collector, Mukarampura, Karimnagar, Telangana 505001.
• 6. Engineer-In-Chief (Irrigation), Irram Manzil Colony, PUnjagutta, Hyderabad, Telangana 500082.
• 7. The Secretary, Union of India, Ministry of Jal Shakthi Shram Shakti Bhavan, Rail Marg, New Delhi - 110 001 (1 to 7 by RPAD)
• 8. One CC to SRI SOURABH AGARWAL Advocate [OPUC]
• 9. Two CCs to ADDL ADVOCATE GENERAL, High Court at Hyderabad. (OUT)
• 10. Two spare copies

mvj

HIGH COURT

PNRJ & Dr.SAJ

DATED: 25/02/2022

List the above mentioned matters along with this writ petition on 04-03-2022

ORDER

WP.No.5546 of 2022

DIRECTION