A Division Bench of Hyderabad High Court comprising Chief Justice Ramesh Ranganthan and Justice Uma Devi on Thursday made it clear that appropriate section, rule and agreement format alone have to be pressed into service while acquiring the lands by consent for lands being acquired for Kondapochammasagar which is part of Kaleswaram Lift Irrigation Scheme.
The Bench upheld the power of Telangana government to acquire lands by negotiations under the amended Land Acquisition Act and new rules framed in 2017.
Objections
The Bench was disposing off case filed by Srinivas and six other farmers of Mamidyal village, Mulugu mandal, Siddipet district. They contended that they filed objections to the proposed acquisition of lands in Mamidyal village and other three villages — Bailampur, Thanedarpally and Thanedarpally Tanda — for transfer of land and all rights therein to the requisition agency for the construction of Kondapochammasagar reservoir as part of Kaleswaram Lift Irrigation project.
Without finalising the objections as per Section 15 of new Land Acquisition Act of 2013 and issuing final declaration under Section 19 of the Act, the Collector is entering into agreements with the other farmers for taking the land. They said that the Collector can resort to this consent award only at the stage of award proceedings as per newly amended Section 23-A. Taking of agreements under forms meant for Section 23-A cannot be done before the final declaration under Section 19 is published.
Correct format
Advocate General D.Prakash Reddy pointed out that the Act of 2013 is amended and new Section 30-A has been introduced which permits the government to take lands by consent even prior to award inquiry stage. The counsel for the petitioner said that the officers have been taking consent in the forms meant for invoking Section 23-A. The Bench said that the authorities should take the consent in appropriate forms only. The Bench felt that the objections filed by the petitioners as per Land Acquisition Act may be disposed off early.
