State cannot shun responsibility in providing alternate land to person who lost land for project: HC

Observing that a woman being compelled to run from pillar to post seeking allotment of land for two decades despite being granted a patta ‘defied logic’, the Telangana High Court directed the authorities to pay ₹25,000 towards legal expenses to her.

Justice Anil Kumar Jukanti, pronouncing verdict in a writ petition filed by D. Ch. Chinnamma whose land got submerged in Sriramsagar project in 2006, said the ‘deliberate conscious delay’ by authorities ‘demonstrated the inaction of the State and the authorities’. Noting that the woman was an illiterate going by the thumb impressions on her representations, the judge said the ‘State cannot shun responsibility’.

“The delay of 20 long years for not assigning /allotting alternate land till date in spite of being issued D-I patta in 2006 shocks the conscience of this court,” the judge said in the order. Stating that property right is Constitutional right under Article 300A and also a human right under the Protection of Human Rights Act-1993, the judge noted that undue delay in allotting alternate land was not just an administrative lapse but unconstitutional.

Chinnamma of Kustapur village in Mallapur Mandal of Karimnagar district lost her house and agricultural land as they got submerged under Sriramsagar project in 2006. The authorities assigned her alternate land of over two acres but never gave physical possession of the same. The judge noted that there was record of official correspondence between the Special Deputy Collector and office of the Assistant Director concerned about allotment of house to the woman but the alternate land never being provided.

The judge said the petitioner was entitled for compensation for the loss of agricultural income for past 20 years. The judge instructed the authorities to pay ₹10,00,000 for the loss of income through agriculture for past 20 years. The compensation amount should be paid through the office of District Collector within 16 weeks from receiving the order copy.

Justice Anil Kumar directed the officials to allot alternate land to the petitioner and ensure she was given physical possession of the land within four months of receiving the order copy.