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HC asks Telangana to explain rehab policy
The High Court at Hyderabad has asked the Telangana State government to spell out a clear policy on rehabilitation and resettlement of all “affected families” G.O. MS No. 123. The bench did not give any interim relief to the government.
Hyderabad: The High Court at Hyderabad has asked the Telangana State government to spell out a clear policy on rehabilitation and resettlement of all “affected families” G.O. MS No. 123. The bench did not give any interim relief to the government.
A division bench comprising of acting Chief Justice Ramesh Ranganathan and Justice U Durga Prasad Rao made this suggestion while hearing writ appeal filed by the State government against the order of single judge quashing G.O. MS No. 123 as “illegal, arbitrary, unconstitutional and against the concept of welfare State”.
Telangana State Advocate General K Ramakrishna Reddy submitted to the bench that they were not a Marwari businessman but a democratically-elected government that was accountable to the people of the State. The government was more concerned about the welfare of the people than anyone else.
That is why it was providing much more than market value to the farmers under G.O. 123 and therefore they were happily queuing up to collect the compensation. This process of acquisition of land was on the lines of “land pooling” being carried out by Andhra Pradesh government, he said.
The bench intervened to say that the agricultural labourers and artisans, who were the petitioners in the writ petition before the single judge, were not covered by the sale of land under G.O. 123 and the G.O. did not obligate the government to provide rehabilitation and resettlement.
To this the AG replied that the government would even restore the deletion made in G.O. 123 regarding provision of rehabilitation and resettlement. The bench asked the AG to file an affidavit stating these submissions.
The AG sought interim relief from the bench to allow the government to complete registration of lands purchased under G.O. 123, which was declined.
The counsel for petitioner K S Murthy opposed the appeal saying the Central legislation came into being after prolonged struggles by the land-losers for a better deal. The State government was bypassing the Act as pointed out by the single judge.
He said Section 107 or 108 provided for the State governments to make a law or a policy only if it offered better terms than that of Act. The G.O. 123 did not meet this criteria, he submitted.
Justice Suresh Kumar Kait had quashed the G.O. MS No. 123 on Wednesday while hearing a petition by Algi Thukamma and 22 other landless agricultural labourers of Bardipur village in Jarasangam mandal of Medak district.
The arguments would continue on Monday.
