Hyderabad High Court aghast at flaws in acquisition notification
The judge noticed that though the notification mentioned Gazette, but the date of publication of the Gazette was left blank.
Hyderabad: Finding fault with the authorities in issuing an incomplete notification, that too with several blank spaces, to acquire lands for the Vattem Balancing Reservoir in Mahbubnagar district under the Palamuru-Ranga Reddy lift irrigation scheme, the Hyderabad High Court on Friday sought an explanation for the incomplete notification by Monday.
Justice A. Rajasheker Reddy, while dealing with a petition by K. Veeranandam and another from Vattem village in Mahbubnagar district questioning the notification, cautioned the authorities that the notification will be struck down if they failed to rectify the defects.
The notification was issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners contended that it was arbitrary, without application of mind and was based on the Centre’s Ordinance on land acquisition that has already lapsed.
They submitted that they were not opposing the construction of the irrigation project which will provide irrigation water to their lands.
They said that the Act mandates consultation with gram sabha, updation of market value of lands before the initiation of land acquisition process, preparation of Rehabilitation and Resettlement scheme and determining the compensation to the project-affected people before the authorities take possession of the lands.
Reacting to the submissions, the judge pointed out that the authorities were at liberty to acquire lands for public purpose but before taking steps for acquisition, they have to apply their minds. The judge noticed that though the notification mentioned Gazette, but the date of publication of the Gazette was left blank. He expressed surprise at the casual manner the notification was issued and asked the authorities to explain the defects.