The New Indian Express ·
Mallannasagar project-affected can’t be denied R&R benefits, rules Telangana HC
HYDERABAD: The Telangana High Court has allowed a batch of four writ petitions filed by Tigulla Balamani and others, holding that landowners whose agricultural lands were procured through negotiated settlements for the Komuravelli Mallannasagar Reservoir Project cannot be denied rehabilitation and resettlement (R&R) benefits merely because they received compensation under the state’s land procurement policy.
Justice Vakiti Ramakrishna Reddy ruled that R&R benefits are a separate entitlement from compensation for the value of land. The petitions concerned agricultural lands in Thoguta and Rampur villages of Siddipet district, procured by the state during August-October 2016 under GO Ms. No. 123 dated July 30, 2015.
The petitioners contended that the authorities had assured them that R&R benefits would be extended separately before possession was taken. They challenged the authorities’ refusal to consider their representations seeking such benefits. The court noted that GO Ms. No. 214 dated November 28, 2015 had specifically deleted the R&R component from the consideration payable under GO Ms. No. 123, thereby treating compensation and R&R benefits as distinct entitlements.
It further held that the retrospective amendment introduced through Act 21 of 2017 and the Telangana State Land Acquisition Rules, 2017 reinforced the entitlement of persons whose lands were voluntarily or through negotiated arrangements procured for public purposes.
The court rejected the state’s argument that undertakings executed by the landowners barred further claims, observing that statutory benefits could not be waived in the circumstances. The authorities were directed to determine each petitioner’s eligibility and extend all admissible R&R benefits within six months, after providing an opportunity of hearing. Any benefits already received are to be adjusted to prevent duplication.