KONTHAM PADMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a writ of mandamus declaring the inaction of the respondents in releasing the R&R benefits like wages and house site pattas, as provided in G.O.Ms.No.68 I&CAD (PW-LA-IV, R&R) dtd. 8/4/2005, as amended by G.O.Ms.No.88, I&CAD (PW-LA-IV, R&R) dtd. 26/8/2010, on par with major sons of Thallapally Village, Mancherial Mandal, Adilabad District, as arbitrary, unreasonable and unconstitutional, and consequently to direct the respondents to release the R&R benefits like wages for 625 days and also house sites to the petitioners.

(2.) It is the case of the petitioners, who are the major daughters and the residents of Thallapally Vilalge, Mancherial Mandal, Adilabad District, that Thallapally Village has been declared as project affected zone due to the acquisition of the entire village for the purpose of conversion of Srirampur 2 and 2A mines into open cast. That the Notification under Sec. 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act') was issued on 4/6/2019. As per the provisions of the Act, the Government has to rehabilitate and resettle the displaced persons by evolving a comprehensive scheme. The erstwhile Government of Andhra Pradesh has issued G.O.Ms.No.68 dtd. 8/4/2005 whereby the policy of the State Government in the matter of resettlement and rehabilitation has been notified. The definition of 'family' as defined under Clause - 3.10 of the said policy reads as under:

(3.) The said definition underwent amendments by virtue of G.O.Ms.No.76 dtd. 13/4/2006 and G.O.Ms.No.88 dtd. 26/8/2010. According to G.O.Ms.No.76 dtd. 13/4/2006, each major son shall be treated as a separate family. By virtue of the amendment made under G.O.Ms.No.88, dtd. 26/8/2010, a major daughter will also be treated as a separate family on par with a major son.