Andhra Pradesh High Court - Amravati
Sakti vs State Of A.P. on 26 August, 2019
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
[ 3144 ]
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MONDAY, THE TWENTY SIXTH DAY OF AUGUST
TWO THOUSAND AND NINETEEN
:PRESENT:
THE HONOURABLE ACTING CHIEF JUSTICE SRI.C.PRAVEEN KUMAR
AND
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
W.P.(PUBLIC INTEREST LITIGATION) NO: 47 OF 2018
Between:
1. SAKTI, (Search for Action Knowledge Tribal Initiative), A voluntary Organization
for the Development of Tribes people (Regd No.76/85), Rampachodavaram, East
Godavari Dt., Represented by its Director, Dr.P.Sivaramakrishna S/o Venkata
Narsiah, aged 66 years, Presently residing at 305, Janapriya abode,
Gandhinagar, Hyderabad 9441427977, saktisrk @yahoo.com
2. Dr.P.Sivaramakrishna S/o Venkata Narsiah, aged 66 years, Presently residing at
305, Janapriya abodes, Gandhinagar, Hyderabad.
..... Petitioners
AND
1. State of A.P., Represented by its Chief Secretary, A.P Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District Phone 0863-2441024/25/26, E-mail
[email protected]
2. State of Andhra Pradesh, Represented by its Principal Secretary, (Lands) A.P
Secretariat Buildings, Velagapudi, Amaravathi, Guntur District Phone 0863-
2442313, E-mail prlsecy_tw@ap. gov.in
3. State of Andhra Pradesh, Represented by its Principal Secretary, Tribal Welfare,
A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Phone 0863-
244 3746 E-mail prlsecy [email protected]
4. State of Andhra Pradesh, Represented by its Secretary, Water resources
Department A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District,
Phone 0863-2444248, E-mail [email protected]
5. Chief Commissioner of Land Administration, and Chairperson, State level R&R
Committee, D.No.22-19 Floor II, Block A, Jasthi Towers, Gollapudi, Vijayawada
521225, Phone 08662410378, E-mail [email protected]
6. Commissioner, Rehabilitation and Resettlement, H.No.59/A-21/3-3/1
A, (1st and 2nd Floor), Saraswathi Nilayam, 1st Lane, G.K. Varadiah Street,
Vijaya Nagar Colony, Autonagar P.O., Vijayawada- 520007, Phone 0866-
23452529.
7. District Collector and Agent to the Government, West Godavari District, Eluru
8. Additional Agent to the Government And Project Officer, I.T.D.A, Kota
Ramachandrapuram, West Godavari District
9. Special Collector (Land Acquisition), Polavaram Irrigation Project, Rajahmundry,
East Godavari District
10. Special Deputy Collector (L.A), Right Main canal, Unit-I, Polavaram Irrigation
Project Kovrruru, West Godavari District
11. Special Deputy Collector (T.W), ITDA, Kota Ramachandrapuram, Jeelugumilli
mandal, West Godavari District
12. Union of India, Represented by its Secretary and Chairperson, Department of
Land Resources and National Monitoring Committee for R&R, Ministry of Rural
Development, Government of India, 'G' Wing, NBO Building, Nirman Bhavan,
New Delhi - 11-0011
13. Polavaram Project Authority, Represented by its Chief Executive Officer, KG
Bhawan, A.C. Guards, Hyderabad
14. The Subcollector, Kukkunoor and Land Acquisition Officer, Kukkunoor Division,
West Godavari District
15. The Tahsildar, Jeelugumilli mandal, Jeelugumilli, West Godavari District.
16. Union of India, Represented by its Secretary, Ministry of Environment, Forest and
Climate Change, Indira Paryavaran Bhavan, Jorbagh Road, New Delhi-110003.
17. Union of India, Represented by its Secretary, Ministry of Water Resources,
Shram Shakti Bhawan, Rafi Marg, New Delhi-110001.
18. Union of India, Represented by its Secretary, Ministry of Tribal Affairs, Shastri
Bhawan, Rajendra Prasad Road, Near Krishi Bhawan, New Delhi-110052.
(RR-16 to 18 are impleaded as per Court order dated 3.7.2018 in IA.No.5 of
2018)
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be pleased to
issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF
MANDAMUS declaring the action of the respondent authorities in allowing severe
violations of provisions of Act 30 of 2013, LTR 1/70 and PESA Act, Forest Rights Act
and rules and in not taking any corrective action on the petitions and complaints filed by
the effected tribal and local persons bringing the violations and irregularities to their
notice and thereby causing misappropriation of hundreds of crores of rupees of public
money in the payment of compensation and rehabilitation as illegal, arbitrary and
unconstitutional and consequently issue a direction to the respondents to constitute a
High Level Inquiry with senior officers from revenue, vigilance departments headed by
preferably retired High Court Judge for comprehensive and independent enquiry on the
whole process of acquisition of lands and provision of R and R in the mandals of
Jeelugumilli, Buttayagudem, Polavaram, Kukkunoor and Velairpadu of West Godavari
District from 2nd June 2014 and accordingly take corrective action to recover the
misappropriated public money while ensuring that all the provisions of Act 30 of 2013,
Regulation 1/70, FRA and PESA Act and rules are strictly adhered to before taking
possession of lands by the government and superrise the rehabilitation of tribal
communities.
IA NO: 1 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the R 12
and R 13 to appoint the monitoring committee as directed by the Empowered committee
of the Honble Supreme Court, pending disposal of WP (PIL) No.47 of 2018, on the file
of the High Court.
IA NO: 2 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the
authorities not to initiate fresh acquisition proceedings in these mandals, until
compliance of FRA and the prior and mandatory procedures of gramsabha and
updation of information of pending or disposed LTR cases is done, pending disposal of
WP (PIL) No.47 of 2018, on the file of the High Court.
IA NO: 3 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the
authorities not to make any further payment of compensation and taking of possession
of lands in the cases of acquisition already initiated until it is cleared by the senior officer
who is not part of revenue administration of the District, pending disposal of WP (PIL)
No.47 of 2018, on the file of the High Court.
IA NO: 4 OF 2018
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to take on record
the information regarding illegal payments made in agency areas of West Godavari
District for inquiry, pending disposal of WP (PIL) No.47 of 2018, on the file of the High
Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed
in support thereof the High Court order dated 04.02.2019 27.02.2018, 06.03.2018,
03.07.2018 & 17.06.2019 and upon hearing the arguments of SRI.K.S.MURTHY,
Advocate for the Petitioners, learned Advocate General for the State of Andhra Pradesh
for respondent Nos. 1 to 11 & 13 to 15 and of Sri.K.Lakshman, learned Assistant
Solicitor General, for Respondent No.12, Court made the following:
ORDER:
Sri K.S.Murthy, learned counsel for the petitioners, would state that though an interim report has been submitted, the documents relied upon have not been furnished to the petitioners, so as to enable them to file their objections, if any.
Learned Advocate General states that having regard to the voluminous record, it could not be possible to supply copies of the documents.
Sri K.S.Murthy, learned counsel, would request that the representative of the petitioner organization may be permitted to go through the documents lying with the concerned officer and thereafter, submit the objections, if any.
Having regard to the above submissions, we permit the authorized representative of the petitioner organization to approach the concerned Project Director, DRDA, on 12.09.2019, who, in turn, shall allow the said representative to go through the relevant documents on the said date. Within a period of one week thereafter, the petitioners shall file their objections, if any. We make it clear that only one representative on behalf of the petitioner organization shall be permitted to go through the documents and such exercise shall be completed on the date fixed, i.e., on 12.09.2019 only or on the next day.
Post on 23.09.2019.
SD/-K.TATA RAO ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Chief Secretary, State of A.P., A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District Phone 0863-2441024/25/26, E-mail [email protected]
2. The Principal Secretary, (Lands), State of Andhra Pradesh, A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District Phone 0863-2442313, E- mail prlsecy_tw@ap. gov.in
3. The Principal Secretary, Tribal Welfare, State of Andhra Pradesh, A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Phone 0863- 244 3746 E-mail prlsecy [email protected]
4. The Secretary, Water Resources Department, State of Andhra Pradesh, A.P Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Phone 0863- 2444248, E-mail [email protected]
5. The Chief Commissioner of Land Administration, and Chairperson, State level R&R Committee, D.No.22-19 Floor II, Block A, Jasthi Towers, Gollapudi, Vijayawada 521225, Phone 08662410378, E-mail [email protected]
6. The Commissioner, Rehabilitation and Resettlement, H.No.59/A-21/3-3/1, A, (1st and 2nd Floor), Saraswathi Nilayam, 1st Lane, G.K. Varadiah Street, Vijaya Nagar Colony, Autonagar P.O., Vijayawada- 520007, Phone 0866- 23452529.
7. The District Collector and Agent to the Government, West Godavari District, Eluru
8. The Additional Agent to the Government And Project Officer, I.T.D.A, Kota Ramachandrapuram, West Godavari District
9. The Special Collector (Land Acquisition), Polavaram Irrigation Project, Rajahmundry, East Godavari District
10. The Special Deputy Collector (L.A), Right Main canal, Unit-I, Polavaram Irrigation Project Kovrruru, West Godavari District
11. The Special Deputy Collector (T.W), ITDA, Kota Ramachandrapuram, Jeelugumilli mandal, West Godavari District.
12. The Secretary and Chairperson, Department of Land Resources and National Monitoring Committee for R&R, Ministry of Rural Development, Union of India, Government of India, 'G' Wing, NBO Building, Nirman Bhavan, New Delhi - 11-0011
13. The Chief Executive Officer, Polavaram Project Authority, KG Bhawan, A.C. Guards, Hyderabad
14. The Subcollector, Kukkunoor and Land Acquisition Officer, Kukkunoor Division, West Godavari District
15. The Tahsildar, Jeelugumilli mandal, Jeelugumilli, West Godavari District.
16. The Secretary, Ministry of Environment, Forest and Climate Change, Union of India, Indira Paryavaran Bhavan, Jorbagh Road, New Delhi-110003.
17. The Secretary, Ministry of Water Resources, Union of India, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001.
18. The Secretary, Ministry of Tribal Affairs, Union of India, Shastri Bhawan, Rajendra Prasad Road, Near Krishi Bhawan, New Delhi-110052.(1 TO 18 BY RPAD)
19. The Project Director, DRDA, West Godavari District (By Speed Post)
20. One CC to SRI.K.S.MURTHY, Advocate (OPUC)
21. One CC to Sri.K.Lakshman, Assistant Solicitor General (OPUC)
22. Two CCs to The Advocate General (A.P.), High Court of Judicature at Hyderabad. (OUT)
23. Two spare copies SRL HIGH COURT HACJ & MSM,J DATED: 26.08.2019 NOTE: POST ON 23.09.2019 ORDER WP(PIL).NO.47 OF 2018 DIRECTION DRAFTED BY: SRL Dated:03.09.2019 HIGH COURT HACJ & MSM,J DATED: 26.08.2019 NOTE: POST ON 23.09.2019 ORDER WP(PIL).NO.47 OF 2018 DIRECTION