Telangana High Court

WP/26123/2011 of kannaka Chitru Vs The District Collector, on 29 December 2016

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SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION Nos.26123 of 2011, 8012 of 2010, 4853 of 2012, 33800 of 2011, 30757 of 2011, 19256 of 2011, 15736 of 2011, 26091 of 2011 and 26122 of 2011 COMMON ORDER : Since the subject matter of the writ petitions is one and the same, all are heard

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THE HON’BLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION Nos.26123 of 2011, 8012 of 2010, 4853 of2012, 33800 of 2011, 30757 of 2011, 19256 of 2011, 15736of 2011, 26091 of 2011 and 26122 of 2011

COMMON ORDER :

Since the subject matter of the writ petitions is one and the same, all are heard together and disposed of by this common order.

The case of the petitioners is that their lands were acquired for establishment of M/s. Orient Cement Factory, Devapur, Kasipet Mandal Adilabad District and while establishing the same, an agreement has been entered into between the Government of Andhra Pradesh and the Orient Cement Factory and as per clause 3(c) of the said agreement, each family displaced by the acquisition of land, at least one member of the family shall be given employment in the proposed Cement Factory and the District Collector, Adilabad shall be the final authority to decide who are the families displaced by the land acquisition. The list of families affected by the land acquisition, shall not be limited only to the legal pattadars. The Collector will also specify which member of the family is to be given employment in case of dispute. The decision of the Collector shall be final and binding on the company. Though the petitioners filed several representations before the District Collector, no action has not been taken. It is also submitted that though this Court granted interim direction directing the respondents to consider the representations of the petitioners in accordance with law as per clause 3(c) of the agreement entered into between the Government of Andhra Pradesh and Orient Cement Factory, no action has been initiated.

Learned Assistant Government Pleader for Revenue submits that the representations made by the petitioners are pending before the District Collector.

Sri A.K.Jayaprakash Rao, learned Standing counsel appearing for M/s.Orient Cement Factory submits that 114 members were provided employment as per the agreements entered by the Factory, 197 local people were employed and about 30 persons belonging to tribal category were employed. He also submits that petitioners have not given specific details about the land acquired.

Heard Sri V.Narsimha Goud appearing for M/s. Renu Singh and Company.

It is to be seen that in the writ petitions, no particular details are given about the land acquired by the M/s.Orient Cement Company belonging to each of the petitioner and the acquisition is of the year 1979-80. It is not known why interim direction passed by this Court has not been implemented. This Court cannot conduct roaming enquiry into the matter. However, since it is stated that the representations made by the petitioners are pending before the District Collector, the District Collector is directed to consider the representations of the petitioners in terms of clause 3(c) of the agreement entered into between the Government of Andhra Pradesh and M/s.Orient Cement Factory. The petitioners shall provide the details of the land acquired before the District Collector and on such details given by the petitioners, the District Collector shall consider the same while passing the orders as directed above.

With the above direction, the writ petitions are disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in these Writ Petition, shall stand closed.

_______________________________

A.RAJASHEKER REDDY, J

29.12.2016 dv

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