HYDERABAD: Justice for Khammam district farmers was not just delayed, but delayed for more than 55 years by the successive State governments. Finally, it was the Telangana High Court that went to their rescue by ordering the state government to take immediate steps to provide alternative land to them or pay compensation for their lands that have been submerged way back in 1965, within three months of receiving a copy of its order.
On an appeal against the petitioners who got a favourable order by a single judge, a division bench led by Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili has said that given the unique facts and circumstances of the case, the Single Judge was correct to grant the application.
“As a result, this court sees no cause to interfere with the Single Judge’s ruling, and the writ appeal is dismissed by granting the State three months to comply with the Single Judge’s order,” the bench said, in its recent order. First, the farmers, Madem Hanumanthu and six others, all of whom are residents of Ganugupadu Village, Chandrugonda Mandal, Khamam District, appeared before a High Court Single Judge, claiming that a tank was built in the village, due to which their land was submerged, and the authorities promised them compensation in the form of allotment of alternative land in 1965-66, but it had not kept its word.
It was also stated that the Tahsildar of Kothagudem conducted an investigation into the matter and submitted a report to the District Collector which was also endorsed by the Revenue Divisional Officer of Kothagugem, and that proposals for alternative land allotment were also forwarded to various authorities.
The innocent peasants who wrote to the High Court said that they had visited the offices of the Tahsildar, the Collector, and the Executive Engineer all these years but nothing was done to resolve the situation. They also presented a large number of representations before filing the writ petition with the High Court Single Judge.
After hearing both sides’ counsels and reviewing the record, the Single Judge found that the tank was built in 1965-66 and that the petitioners’ properties were submerged beneath it. The court deemed the government responsible and stated that the farmers are entitled to compensation under Article 300-A of the Indian Constitution.
Having been silent for so long is effectively denying the petitioner’s valid claim and right. The authorities’ behaviour herein in not addressing the petitioners’ case was not justified in any manner, and the court ordered the authorities to take urgent steps to provide replacement land to the petitioners or pay compensation for the petitioners’ property.