Hyderabad: Petitioners who had challenged the purchase of lands by the TS government under GO 123, on Wednesday told the High Court that the Constitution does not grant power to state governments to purchase lands though its executive.
A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice U. Durga Prasad Rao was hearing a batch of petitions moved by landowners from Medak district challenging the procurement of lands by the state government through GO 123 for the Mallannasagar irrigation project.
Vedula Venkata Ramana, senior counsel appearing for some of the petitioners, alleged that the government has been adopting ‘divide and rule’ policy in procuring lands by dividing farmers-landowners willing to sell their lands and the persons who were not willing to do so under the GO, into two groups.
He contended that the this attitude of the government was against Article 14 of the Constitution and the executive was not more powerful than the legislature. Mr Ramana said that the executive can act when there was no law available to take a particular decision.
He said when there were statutes available to acquire lands, the executive has to act in accordance with the provisions of those statutes. Referring to a query from the bench, counsel said that as per Section 108 of the Centre’s Act 2013 for land acquisition, the state government has to either make a better policy than the Act or it has to follow the Act 2013.
A. Satya Prasad, another senior counsel appearing for the petitioners, submitted that the government has the power to purchase lands for a limited trade and business purpose but not for infrastructure, irrigation or other such projects.
L. Ravichander, another senior counsel, alleged that the authorities were forcibly obtaining signatures from landowners for their consent. The case was adjourned to Friday.
HC seeks status report on R&R
The Hyderabad High Court on Thursday directed the TS government to give a status report on payment of all monetary benefits entitled to the families displaced by the Ryalampadu Balancing Reservoir project in Aluru village in Gattu mandal of Mahbubnagar district.
Justice Suresh Kumar Kait was admitting a lunch motion moved on behalf of Harijan Maldakal and 39 other villagers of Aluru. N.S. Arjun Kumar, counsel for the petitioners, brought to the notice of the court how the Revenue authorities, with the help of the police, were forcibly evicting the villagers as water released from Jurala dam was inundating the village.
He told the court that only 200 out of the 1,400-odd families could construct their houses in the new Centre because the government has not released the required funds. When Justice Kait questioned the government pleader why the village was being inundated without the R&R measures being completed, he sought time till the evening.
In the evening, counsel informed the court that a majority of the villagers had moved into the new Centre and only a few were resisting relocation.
The judge ordered counsel to give a status report by Monday.
Agri Gold wants assets evaluated
The Hyderabad High Court on Wednesday adjourned the hearing on a plea by Agri Gold Group of Companies to examine the value of the properties based on the market rates submitted by petitioner and the company management, to Monday. A division bench comprising Justices V. Ramasubramanian and S.V. Bhatt was dealing with a PIL filed by the Agri Gold Customers and Agent’s Welfare Association.
