Court directs District Collector to investigate claims under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
In a significant ruling, the Telangana High Court has directed the District Collector to conduct a detailed inquiry into the claims for Rehabilitation and Resettlement (R&R) benefits made by landless agricultural laborers affected by the land acquisition for the Hyderabad Green Pharma City project. The judgment, delivered by Justice Vakiti Ramakrishna Reddy, emphasized the statutory obligations under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which must be fulfilled even after the completion of the acquisition process.
The case involved writ petitions filed by Kanemoni Saradamma and Sanda Vajramma, among others, challenging the acquisition process and seeking R&R benefits. The petitioners argued that as landless laborers dependent on the acquired lands, they were entitled to statutory safeguards under the 2013 Act, which had been ignored by the authorities. They claimed that no mandatory survey, census, or R&R scheme was prepared, and no awards were passed in their favor, despite the acquisition impacting their livelihoods.
The respondents, including the State of Telangana, contended that the petitioners lacked locus standi as they were not landowners and had not demonstrated dependency on the lands. However, the court rejected this argument, affirming that the 2013 Act extends rights to non-landowners, such as agricultural laborers, whose livelihoods are affected by land acquisition.
Justice Reddy highlighted the failure of authorities to undertake the mandatory statutory exercise to identify and extend R&R benefits to affected families. However, the court refrained from setting aside the acquisition declarations, considering the advanced stage of the acquisition process, which included compensation payment and transfer of possession to the Telangana State Industrial Infrastructure Corporation.
The court directed the District Collector to conduct an inquiry into the petitioners' claims within a three-month period, ensuring compliance with the Act's provisions. The judgment underscores the judiciary's role in ensuring statutory compliance and protecting the rights of marginalized communities affected by development projects.
Bottom Line :
Rehabilitation and Resettlement obligations under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 must be fulfilled even after the acquisition process is completed and possession is taken. Landless agricultural laborers dependent on the acquired land are entitled to statutory safeguards under the Act, and their claims require proper examination by the designated authorities.
Statutory provision(s): Sections 3(c), 16, 18, 19, 31, 31A, 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Kanemoni Saradamma v. State of Telangana, (Telangana) : Law Finder Doc id # 2964223
