Telangana HC: No Irrigation Work on Private FTL Land Without Compensation
Telangana High Court made it clear that the irrigation department could not proceed with irrigation works in private patta land parcels without first acquiring them, or paying compensation to the owners, though the land fell in the full tank level (FTL) of water bodies.
Hyderabad: The Telangana High Court made it clear that the irrigation department could not proceed with irrigation works in private patta land parcels without first acquiring them, or paying compensation to the owners, though the land fell in the full tank level (FTL) of water bodies.
The court dismissed the argument of the irrigation department which said that compensation need not be pay for work in land within the FTL. Justice C.V. Bhaskar Reddy passed the order while dealing with a petition filed by several farmers of Malkaapet, Konaraopet mandal, Rajanna Sircilla district.
The case of the petitioners was that due to the filling of water into the Malkaapet pond through the 9th package right canal of the Kaleshwaram project, their patta land holdings were flooded and crops submerged. When the petitioners objected to the works, the officials threatened them with filing of criminal cases. As senior officials did not respond to their grievances, they approached the High Court.
Counsel appearing for irrigation department submitted that the farmers were frequently obstructing the canal works and demanding compensation for the submergence of the land. He stated that the land fell under the FTL of the Malkaapet Pedda Cheruvu, and were submerged annually when the lake was full. As per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, no compensation was to be paid to land in the FTL that is submerged, he contended
The judge mentioned that when the land of the farmers is used for the purpose of construction of main canals and sub-channels, the authorities have to follow the procedure under the provisions of the Land Acquisition Act, 2013 and only after payment of compensation were they entitled to proceed with the work. The court said that the compensation need not be paid for sikam sarkari (FTL land under the control of the government) but must be paid for work in sikam patta land (private land in FTL limits).