Telangana High Court Sets Aside Single Bench Ruling Asking State To Proceed With Acquisition Of Land For Underground Tunnel

The Telangana High court has set aside a single judge ruling ordering the State to initiate proceedings for acquisition of a piece of land in Karimnagar district for the purpose of construction of underground tunnel of Pranahitha Chevella Sujala Sravanthi Project Scheme and to pay compensation to the landowner. While the land acquisition had been initiated by the State, the same was abandoned later.

The division bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar noted that no award was passed for a period of 2 years after acquisition proceedings were initiated in 2012 and hence proceedings initiated under the Land Acquisition Act, 1894, lapsed.

"Admittedly, the landowner has been placed in possession of the land in September 2019. Therefore at this point of time, question of issuing direction to the appellants to acquire his land, does not arise. However, whether or not the appellants had taken possession of the schedule land in 2014, and were in possession till 2019, cannot be gone into at this stage," said the bench. 

The appeal was filed by the Telangana government (erstwhile Andhra Pradesh), challenging the order passed by the single judge in December last year. The court had also asked the State to pay costs of Rs 50,000 to the petitioner. 

Before the division bench, the State argued that despite the land was under Section 4 of the Act and declaration was passed under Section 6, it was not acquired by the government because it was no longer needed. It was contended that acquisition cannot take place now as the land owner has been in possession of it since 2019.

However, the land owner contended that the possession of land was taken over by the respondents back in 2014. After using the land for a few years, when the State found the land was not fit for the project, the same was handed back to the landowner in 2019, the court was told. It was further submitted that the appellants had changed the nature on the land due to construction and installing of bore-wells, thereby making it impossible to be utilised for the purpose to cultivation.

The single judge had earlier noted the acquisition was not disputed and Section 48 of the Act only enables government to cancel acquisition for land of which they have not taken possession yet. The single judge had further held that Section 48 does not allow for withdrawal of acquisition in respect of land of which possession is already taken. .

However, the State said the possession of the land was never taken nor was the land utilized in any manner.

With regard to payment of damages, the court said it cannot go into disputed facts, and decide the quantum of damages to be paid. "If it is found that the Landowner was kept out of possession from July 2014 to September 2019, the Collector shall decide the quamtam of compensation to which the Landowner is entitled," the court said.

Title: The State of Telangana Erstwhile A.P vs. G. Ramesh

Respondent Advocate: Ch. Ravi Kumar

Appellant Advocate: G.P for Land Acquisitions