Will it be referred to a larger bench?

​Hyderabad: The division bench of the High Court at Hyderabad on Monday asked the Telangana State Advocate General and counsels for petitioner, who challenged the G.O. MS 123, to consider whether the case needed to be referred to be a larger bench.

Resuming his argument before the two-judge bench comprising acting Chief Justice Ramesh Ranganathan and Justice U Durga Prasad Rao, Advocate General K Ramakrishna Reddy at the outset submitted a two-page affidavit that the G.O. 123 would provide all entitlements mentioned in Schedule two of the 2013 Land Acquisition Act to all affected families. In fact, it offered a slightly higher than what the Act provided for. He also submitted to the court that shortly a G.O. would also be brought out in this regard as the scheme was almost finalised.

The bench said prima facie it appeared what the Telangana State government was proposing to give to agricultural labourers, artisans and other affected families was better than what the Land Acquisition Act proposed, but it said there were larger legal issues involved in the present case and they needed to be considered.

The court asked the Advocate General and other counsels arguing the case to consider whether the issue needed to be referred to a larger bench. The AG said there was no need while other counsels felt it was the prerogative of the acting Chief Justice to refer the matter to a larger bench.

This suggestion coming from the bench was a clear indicator that the bench was seized of the larger issues related to questions of law being raised in this case. The bench also assured other counsels who sought to implead as their petitioners in the present writ Appeal that it would hear everyone before deciding the case.

Senior counsel Vedula Venkataramana submitted his arguments in the case filed by 158 petitioners from Medak district, challenging the vires of G.O. MS No. 123. The arguments would continue on Tuesday.
Govt to withdraw notification for land acquisition

Already reeling under the shock of quashing of G.O. 123, the Telangana State government gave an undertaking to the High Court on Monday that it would withdraw the notification issued under Section 11(1) of the 2013 Act for acquiring over 1,000 acres of land in Vattem and Anakhanpally villages under Bijinapally mandal in Mahbubnagar district and come out with a fresh one.

The notification was challenged by K Veeranandam and another farmer from Vattem village. The 2013 Land Acquisition Act mandated that the the market rate of land should be enhanced before process of acquisition began. But this process was not followed by the government, the petitioners submitted. Government Pleader Sharat informed Justice Suresh Kumar Kait that the notification would be withdrawn and a fresh one issued in its place.