Hyderabad: Observing that there was no urgency, the Hyderabad High Court on Tuesday directed the TS government not to take possession of lands being acquired for irrigation projects by invoking urgency clause under the Right to Fair Compensation and Transparency Land Acquisition, Rehabilitation and Resettlement Act, 2013, for four weeks.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice A. Shankar Narayana granted the interim order while dealing with a petition by Badhakal Pavan Kumar of Mahbubnagar district challenging the acquisition of lands by the government by notifying it under Section 11(1) of the Act, 2013, without initiating the mandatory Social Impact Assessment in accordance with Chapter II of the Act.
B. Rachana, counsel appearing for the petitioner, told the court that the government has been resorting to acquiring lands by invoking provisions under Sections 6(2), Sections 10(2) and Section (40) of the Act, 2013.
She submitted that Section 40 of the Act 2013 provides power to the Central and state governments to issue notifications for land acquisition in emergency circumstances like natural calamities and defence requirements by following the due process of law, and paying compensation as required and calculated under the Act, 2013.
Ms Rachna contended that though there was no urgency, the TS government was trying to take possession of lands by issuing notifications for Kaleswaram, Mallannasagar and Palamuru –Ranga Reddy projects. Pointing out that these projects will take at least 15 years to complete, she urged the court to stay all land acquisitions.
When the bench sought the reaction of the government, Mahender Reddy, counsel for the government, sought time to file the counter affidavit. While granting two weeks’ time, the bench directed the state government not to take possession of the lands for four weeks.
