Hyderabad: In a major setback to the TS government, the High Court on Wednesday quashed Go Ms No 123 that was issued to buy lands from farmers.
The petition was filed by Ms Tukkamma and 22 agricultural workers of Bardipur, Jarasangham mandal in Medak district, observed that the government was not a private property dealer.
The petitioners informed the court that the state government was acquiring land in their village for setting up a National Investment and Manufacturing Zone through the Telangana State Industrial Infrastructure Corporation. They also said that as they were agricultural labourers from SC communities, their livelihood would be lost if the lands are taken away.
They contended that the landless poor could not be left in a lurch and the government could not resort to acquire lands by passing over the poor people without any rehabilitation.
Justice Suresh Kumar Kait found that the GO bypassed the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
After hearing the case for 40 minutes, the judge, while dictating the order in the open court hall, made it clear that as the state government had accepted the Act of 2013 and framed rules of Telangana Sate Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014, it had no power to make any rule that ran contrary to the 2013 Act.
The judge pointed out: “The Act of 2013 specifically recognises the landless labourers like the petitioners, artisans, tenants, share croppers and gives them the status of ‘affected family’. These affected families are given various benefits in the Second Schedule of the Act.”
Justice Kait found that the process of asking for objections from affected persons etc. which were provided under GO Ms No 123, was done away with the issuance of GO Ms No 214 in November 2015.
While ruling that the GO 123 was quashed keeping in view the rights of labourers, the judge observed that agricultural labourers would not get a “single penny” if lands were acquired in the villages under GO 123 and it would bypass the 2013 Act.
He reminded that the 2013 Act gave power to the legislature of the state to frame laws to give better rehabilitation and enhanced compensation. He said, “Instead of giving any enhancement of compensation, rehabilitation and resettlement has been taken away.” Meanwhile the Telangana government announced that it would challenge the order of the single judge before the division Bench.
Harish Rao says Telangana will move SC
The Telangana government has decided to appeal against the High Court scrapping GO 123 to acquire lands for public projects.
“We will appeal against the HC verdict after going through the entire judgement. I will react after reading the HC order,’’ T. Harish Rao, irrigation minister, said.
Mr Harish Rao said that the government accelerated land acquisition as per the Land Acquisition Act 2013 for construction of irrigation projects.
“With this intention, we have brought in GO 123. Chief Minister K. Chandrasekhar Rao and the Telangana government, through this GO want to help farmers, provide them better compensation and rehabilitate them appropriately wherever they are displaced. We are confident of getting justice thro-ugh appeal,’’ he said.
