Telangana HC Directs Costs on Govt for Forcing Petitioner Into Litigation

Hyderabad: Justice J. Anil Kumar of the Telangana High Court faulted the revenue authorities and ruled that they had “abdicated their responsibility to put in physical possession” a person whose lands were submerged and patta was granted for alternate land. D. Chinnakka Chinnamma of Nizamabad filed a writ petition complaining of failure on the part of the revenue authorities in not allotting her lands due to submergence of her agricultural lands under the Sriramsagaar project. The petitioner would lay her claims under a rehabilitation scheme of the government. She would in her writ petition complain that though she was assigned over three acres of land in Bhollapur village of Mallapur Mandal in Karimnagar, the land was not demarcated and she was not put in possession of the same since 2006. Her tryst with officialdom started as early as in 2009 and in vain. Chronologically it appears that her lands were submerged in 2006, the assignment was made in the same year and to date she was suffering the “pillar to post” syndrome. Justice Anil Kumar in his verdict took note of the admitted fact that under the Rehabilitation and Resettlement scheme, alternate land and house plots were to be allotted /assigned to the project affected families. On assignment of the lands to the petitioner the revenue authorities were found dragging their feet since the records revealed that the land in question was already in the name of a third party. Describing this as a classic case of the administration “abdicating their duties and responsibilities”, Justice Anil Kumar said “the conduct of the State Government and its authorities is shocking to the conscience of the Court” Allowing the writ petition, the judge imposed costs of Rs 25000. He also recorded a finding that property right is not only a constitutional guarantee but also a human right, “Citizens whose land is acquired by State for public purpose or whose lands get submerged for a public purpose project, should be allotted/assigned alternated land as per the scheme at an early date. Undue delay in allotting alternate land is not just an administrative lapse, but is unconstitutional”, the court ruled.

Lok Adalat of criminal court too is enforceable rules HC

Justice S. Nanda of the Telangana High court ruled that even an Award passed by the Lok Adalat bench of the criminal unit is capable of execution as an enforceable decree of the civil court. The court faulted the South Central Railway for arbitrarily rejecting the case of the second wife of a deceased employ for family pension. Justice S. Nanda was dealing with a writ petition filed by D Laxmi Bai challenging an order of rejection made by the Personnel Department of the SC Railway. It is the case of the petitioner that her Late husband Late D. Satyanarayana retired as a Technician. He had matrimonial dispute with his first wife. His disputes were settled through a MOU recorded by Lok Adalat. Under the said Award the first wife was to get a monthly sum of Rs 1000 of the family pension and the rest would go to the petitioner. The Railways instead of acting on her representations required her to obtain a declaratory decree from the competent civil court. It is the case of the petitioner that the Lok Adalat Award was executable and thus another decree was not required under the law. The Lok Adalat Award emanated from a DVC case filed by the first wife against her husband during his life time. The warring couple then entered into a MOU in July 2012 whereby the first wife was also given a lumpsum towards final settlement of permanent alimony. According to the petitioner she and her differently abled daughter thus were entitled to the remaining portion of the family pension. Faulting the Railway authorities for rejecting the case of the petitioner without considering all the relevant documents and for also being contrary to the law, Justice Nanda directed the authorities to reconsider the case of the petitioner in accordance with the relevant Rules .