A division bench of the Hyderabad HC on Wednesday granted two weeks time for the TS government to file counter affidavit in PIL filed regarding the validity of initiating land acquisition process for various irrigation projects without revising the market value of properties as per the Telangana State Market Value Revision guidelines, 1998.
The bench comprising ACJ Ramesh Ranganathan and Justice A Shankar Narayana was dealing with the PIL filed by M Kodanda Reddy, chairman of Kisan and Kethmazdoor Congress, who complained that the TS government is resorting to acquiring lands under the Right to Fair compensation and Transparency in Land Acquisition, Compensation and Rehabilitation and Resettlement Act, 2013. The Act requires the revision of market value before issuing notifications, the petitioner said.
The petitioner’s counsel submitted that the 1998 rules were framed under the Indian Stamp Act,
1899 which mandates that the market values are required to be revised every two years for rural areas and every year for urban areas. The present process of land acquisition under GO 123 for the purpose of establishing various irrigation projects is illegal as the market rates are not revised after formation of new Telangana state in 2014.
On the other hand, Telangana advocate general K Ramkrishna Reddy submitted that after 2012 there was no revision of market values and the state has taken a policy decision not to revise the rates immediately. He averred that there are other methods to arrive at market value.
Not convinced with the submissions of AG, the bench said it is the responsibility of the state to revise the rates periodically.While reserving its orders in the case, the bench directed the government to file its counter affidavit within two weeks and posted the matter to Nov 16.