Telangana High Court
M/S. Gupta Global Resources Pvt. Ltd vs The Singareni Collieries Company ... on 13 June, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.14414 OF 2023
ORDER:
Heard Mr. K. Venumadhav, learned counsel for the petitioner, Mr. P. Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited appearing for respondent Nos.1 to 4.
2. The petitioner approached the Court seeking prayer as under:
"...to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent authorities in proceeding with the digging for open cast mine in the land of the petitioner i e land admeasuring Ac.1.37 gts in Sy No.321/aa and Ac. 3.36 gts in Sy No. 255/B situated at Maredupalli Village within the limits of Ramagundam Municipal Corporation Peddapalli District and dumping the soil adjacent to the said lands without leaving the buffer zone without initiating the land acquisition proceedings and without paying any compensation or in the alternate without allocation the said extent of the land is nothing but arbitrary illegal null and void and violative of principles of natural justice and also violative of Articles 14 19 and 21 of the Constitution of India Consequently direct the respondent authorities to not to take up any work for open cast mine in any part of the land of the petitioner 2 SN, J WP_14414_2023 i.e., land admeasuring Ac.1.37 gts in Sy.No.321/aa and Ac 3 36 gts in Sy No.255/B situated at Maredupalli Village within the limits of Ramagundam Municipal Corporation Peddapalli District and not to dump the soil without maintaining the buffer zone adjacent to the lands of the petitioner unless the land acquisition proceedings are initiated or suitable compensation is paid or in the alternate allocated the equal extent of the land having equal value and to pass ..."
3. The case of the petitioner in brief, is that the respondent authorities started work of digging of open cast mine near to petitioner's lands and dumping the soil in petitioner's subject lands without leaving any buffer zone without following due process of law. Hence the writ petition.
4. Counter affidavit has been filed by the respondent No.2, in particular, the relevant portion at para No.7 and para 8, read as under:
"...Hence, there is much buffer land in the form of boundary trench, stretch of open land, diversion nalah and earthen bund, between opencaste mine and petitioner's land. Overburden of the opencaste mine is not dumped near petitioner's land. That too, the Respondent Company is doing its mining operations and other allied activities 3 SN, J WP_14414_2023 well within its acquired land, which has been acquired for the purpose of mining operations".
8. I submit that the Respondent Company is in possession and enjoyment of its land having Acs.3.20 gts acquired in the year 2006 as boundary. In the Deed of Development Agreement-cum-General Power of Attorney dated 10th November, 2021 filed by the petitioner, extent and boundaries of his land are mentioned as follows:-
Vacant land admeasuring 40051 Sq.yads out of Sy.Nos. 255/B, 257, 58, 321/- bounded by :-
East : Land of Others
West : Land of Landowners
North : Road
South : Open caste Dump
I submit that the petitioner is well within the boundaries mentioned in the deed of Development and GPA. Hence, there is no question of the Respondent Company encroaching onto the land of the petitioner".
5. The above averments made in the counter affidavit filed by the respondents referred to and extracted above are 4 SN, J WP_14414_2023 disputed in the reply affidavit filed by the petitioner and in particular para No.8 of the reply affidavit filed by the petitioner reads as under:
"8. In reply to para Nos.7, 8, 9 and 10, the submissions made in the said para are utter false, incorrect and denied. The respondents have taken up the digging work and crossing their boundary. The respondents are saying that they are not encroaching into the land of the petitioner for name sake, but contrary to it they are doing work in an extent of about Ac.4.00 gts., of the land of the petitioner i.e., Ac.3.00 gts., in Sy.No.255 and Ac.1.00 gts in Sy.No.321".
6. Learned counsel appearing on behalf of respondents submits that the disputed questions of facts cannot be gone into in writ jurisdiction. It is the specific plea of the respondents even as per their counter affidavit that respondents are not encroaching into the land of the petitioner and the respondent company is doing its mining operations and other allied activities well within its acquired land which had been acquired for the purpose of mining operations and the learned counsel appearing on behalf of respondents 5 SN, J WP_14414_2023 further submits that the remedy of the petitioner is to approach the authorities concerned for survey of petitioner subject land and then the subject issue could be resolved. The learned counsel further submits that respondent company would cooperate insofar as the conduct of the survey of the subject lands is concerned, if the same is ordered by this Court.
7. Learned counsel for the petitioner submits that the writ petition could be disposed of permitting the petitioner to take steps for the conduct of survey of petitioner's land admeasuring Ac.1.37 gts in Sy.No.321/AA and Ac.3.36 gts in Sy.No.255/B situated at Maredupalli village within the limits of Ramagundam Municipal Corporation, Peddapalli District and the respondents shall cooperate in the said survey.
7. Bringing the said submission of both the learned counsel on record, the writ petition is disposed of giving liberty to the petitioner to take appropriate steps for conduct of survey of petitioner's subject lands and the respondents are directed to cooperate with the 6 SN, J WP_14414_2023 conduct of the said survey once petitioner initiates the same. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS JUSTICE SUREPALLI NANDA Date: 13.06.2024 Skj