HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION NO: 39990 OF 2014

Between

• 1. Yadagiri Reddy, S/o.Guruva Reddy,, aged about 47 years, resident of H.No.2-1-153,152, Singareni No.706, Yellandu, Khammam District.
• 2. Lakshmi Shilpa Reddy, D/o. YadagiriReddy,, aged about 24 years, resident of H.No.2-1-153,152, Singareni No.706, Yellandu, Khammam District.
• Gopi Reddy, D/o. Late Yadagiri Reddy, aged about 22 years, resident of H.No.2-1-153,152, Singareni No.706, Yellandu, Khammam District.
• Priyanka Reddy, D/o. Late Yadagiri Reddy,, aged about 22 years, resident of H.No.2-1-153,152, Singareni No.706, Yellandu, Khammam District.
• Karthik Reddy, S/o. Late Yadagiri Reddy,, aged about 20 years, resident of H.No.2-1-153,152, Singareni No.706, Yellandu, Khammam District.

... PETITIONERS

AND

• 1. Singareni Collieries Company Limited,, Singareni Bhavan, Red Hills, P.B.No.18, Khairatabad, Hyderabad, rep. by its Chairman and Managing Director.
• 2. The Chief General Manager,, Singareni Collieries Company Limited, Yellandu area, Khammam District.

...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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in seeking to demolish the Petitioners buildings bearing House Nos.2-1-152 and 2-2-153 (Singareni No.706), Yellandu, Khammam District, to implement JK-5 Open Cast Coal Project, without issuing any notice to the Petitioners without allotting alternate house sites to Petitioners 4 and 5 and without paying appropriate compensation

and ex-gratia to the Pr:titioners, as per the Resettlement and Rerhabilitation Policy, 2005 in G.O.lVs.No.6t;, lrrigation and CAD (Project Wing-LA-lV-R&R) Department dated 08.04.2005, inc;luding compensation for structural valut-' oi' the aforesaid buildings as per the prevailing SS Rates i.e- Schedule of Rates As Per A.P. Revised Standard Data for the year 2014-2015 (Effective from 1st June 20'14) as arbitrary, illegal, unjur;t, violative of the Fundamental and Constitutional Rights guaranteed to the Pertitioners under the Constitution of lndi:r, r,,iolative of the principles of natural jl stice, contrary to the aforesaid Policy ar d contrary to law, and for issuance of crtnsequential direction to the Respondenl.s not to demolish the aforesaid buildings, without allotting alternate house sites to anrj petitioners 2, 3, 4 and 5 and paying bompensation to the Petitioners as per th,: aloresaid policy, including compensation for structural value of the aforesaid br- ildings as per the prevailing SS Rates, or in the atternative, direct the Respondents not to demolish the aforesaid buildinl;s without acquiring the land in accordance with the provisions of the Right to Fair Compensation and Transoarency in Land Acquisition, Rehabilitation and Resettlement Act, 20'13,

l.A. NO: 1 OF 2014(WF'MP. NO: 50140 OF 20141

Petition under Section 151 CPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Court may ber pleased to direct the Respondents not lo demolish the buildings bearing House Nos.2-1-1 52 and 2-2-153 (Singareni No.706), Yellandu, Khammam District, wil.hout allotting alternate house sites kr Petitioners 4 and 5 and without paying r:ompensation and ex-gratia to the Petitiolers as per the aforesaid Resetflement ilnd Rehabilitation Policy, 2005, including compensation for structural value of the aforesaid buildings as per the prevailing SS Rates, or without acquiring the land in accordance with the provisions of the Right to Fair Compensation and Trans parency in Land Acquisition, Rehabilitalion and Resettlement Act, 20'13, pendinE disposal of the above Writ Petition.

Counsel for the Petitioner : SRI. C SUMON Counsel forthe Respondents: SRI P SRI HARSHA REDDY SC FOR SINGARENI COLLIERIE:S CO.LTD The Court made the following: ORDER

HON'BLE MRS. JUSTICE SUREPALLI NANDA

WRIT PETITION o.39990 of 20L4

ORDER:

/

Heard Mr.C.Sumon, learned counsel appearing on behalf of the petitioners and Mr'P.Sri Harsha Reddy learned Standing Counsel appearing on behalf of the respondents - Singareni Collieries Company Limited.

2. The petitioners approached the Court seeking the following relief :

"To issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in seeking to demolish the Petitioners buildings bearing House Nos. 2-l-152 and 2-2-753 (Singareni No'706), Yellandu, Khammam District, to implement JK-5'Open Cast Coal Project, without issuing any notice to the Petitioners; without allotting alternate house sites to Petitioners ⁴ and 5, and without paying appropriate compensation and ex-gratia to the Petitioners, as per the Resettlement and Rehabilitation Policy, 2005 in G.O.Ms No.68, Irrigation and CAD (Project Wing-LA-IV-R and R) Department dated 08.04.2005, including compensation for structural value of the aforesaid buildings as per the prevailing SS Rates i.e., "Schedule of Rates As Per A.P.Revised Standard Data for the year 2014-2015 (Effective from 1't June 2Ot4)', as

arbitrary, illegal, unjust, violative of the Fundamental and Constitutional Rights guaranteed to the petitioners under the Constitution of India, violatirre of the principles of natural justice, contrary to the aForesaid Policy and contrary to law, and for issuance of consequential direction to the Responderts not to demolish the aforesaid buildings without ,allotting alternale house sites to Petitioners 2,3,4 and 5 and paying compensation to the Petitioners as per the aforesard Policy including compensation for structural value or'the aforesaid buildings as per the prr:vailing SS Rates, rtr in the alternative, direct the Respondents not to demolish the aforesaid buildings without. ar:quiring the lanrl in accordance with the provisions o. the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2.Ol3..

3. Learnecj counsel appearing on behalf, of the r-es;:ondents ¹ and 2 subnrits that the Rehabilitation and Resettlement Commissioner of the concerned District is the competent authority to crtnsider the grievance of the petitioner.s as put forth in the present writ petition and the said Rehabilitation and Resettlement Commissioner of the concerned D istrict is not made a pdrtv - respondent in the present writ petition and therefore the petitioner may be directed to itpproach the competent authority for the relief as sought for irr the present writ petition.

2

. :. 7-

4. Learned counsel appearing on behalf of the petitioners seeks leave of this Court to permit the petitioners to approach the competent authority i.e., Rehabilitation and Resettlement Commissioner of the concerned District, where the petitioners buildings bearing house bearing Nos.2-1-152 and 2-2-753 (Singareni No.706) Yellandu, Khammam District are situated, for the relief as sought for in the present writ petition, and the same may be considered within a reasonable period.

i t

J

5. Taking into consideration the submissions made by both the learned counsel on recordr. the writ petition is disposed of by giving liberty to the petitioners to approach the competent authority i.e., Rehabilitation and Resettlement Commissioner of the concerned District where the petitioners'subject buildings are situated i.e., house bearing Nos.2-1-152 and 2-2-153 (Singareni No.7O6) Yellandu, Khammam Dastract and raise al! the pleas as put forth in the present writ petition by way of ^a detailed representation, within a period of one (O1) week, from the date of receipt of a copy of this order, and upon receipt of such representation, the competent authority may consider and dispose of the same, in accordance to law expeditiously, within a period of four weeks thereafter, in conformity with principles of natural justice,

in accordance to law and communicate its decision to the

petitioners. However, there shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in

the writ petition shall also stand closed.

SD/-T.TIRUMALA DEVI ASSISTANT REGISTRAR

C .....

//TRUE COPY//

SECTION OFFICER

WP 39990 2014

• To,
  1. The Chairman and Managing Director Singareni Collieries Company Limited, Singareni Bhavan, Red Hills, P.B.No.18, Khairatabad, Hyderabad.
  • 2. The Chief General Manager, Singareni Collieries Company Limited, Yellandu area, Khammari District.
  • 3. One CC to SRI C SUMON, Advocate.[OPUC]
  • 4. One CC to SRI P SRI HARSHA REDDY, SC FOR SINGARENI COLLIERIES CO.LTD.[OPUC]

1

5. Two CD Copies

SB KKS

HIGH COURT

DATED:22/04/2024

1

ORDER

Depies Bro Atriba

WP.No.39990 of 2014

DISPOSING OF THE WRIT PETITION WITHOUT COSTS