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Telangana Farmers Refuse to Surrender Land for National Investment and Manufacturing Zone

Reported by

Seethalakshmi

Legal Review by

Edited by

Updated by

Published on

October 13, 2016

August 11, 2022

Edited on

October 13, 2016

State

Telangana

Sector

Industry

People Affected by Conflict

Households Affected by Conflict

5000

Land Area Affected (in Hectares)

5113

ha

Starting Year

2015

Location of Conflict

Nyalkal and Jharasangam Mandals

Medak

Reason or Cause of Conflict

Manufacturing

Land Conflict Summary

In January 2016, the Centre approved the proposal for the National Investment and Manufacturing Zone (NIMZ) in Telangana. Setting up such manufacturing hubs is a part of the National Manufacturing Policy introduced in 2011 by the erstwhile Congress-led alliance government at the Centre to give a boost to the manufacturing sector and enhance its overall contribution to the country's gross domestic product. The total land proposed to be acquired for setting up the NIMZ in is 12,635 acres, spread across 17 villages in Nyalkal and Jharasangam mandals in the western part of the district. Since the project's announcement in 2015, various stakeholders have voiced opposition to it.
A large part of the land proposed to be acquired is privately owned. So far, the government has acquired only 2,900 acres of land. The problem, to begin with, is the farmers' refusal to part with their highly fertile land, which also holds substantial emotional value considering their complete dependence on farming for livelihood.
One of the other important issues with the project is that the Telangana State Industrial Infrastructure Corporation Limited has been acquiring lands at INR 7-9 lakh per acre while the market price is about INR 25 lakh per acre. Additionally, the state is seeking to buy these land parcels through negotiations with the land owners under Government Order (GO) 123, which does not contain any provision for compensating the landless and other categories of people affected by alienation of government land (including commons) for the project.
In January 2017, the Telangana high court struck down GO 123 as unconstitutional and arbitrary. However, the government later managed to secure an interim stay on this order while promising to notify a revised GO with enhanced provisions for all the affected people. Protests persist till date.
As recently as January 2021, Scientists for People, a group of retired scientists, noticed and complained that there are several discrepancies in the NIMZ Environment Impact Assessment report and demanded that the Ministry of Environment, Forest and Climate Change reject it. Soon after, in the same month, a public hearing was held, after being postponed since July 2020 owing to the pandemic. However, villagers opposing the project were allegedly not allowed to participate, and several protesters were arrested by the police during the hearing using physical force. The stance of the villagers has only hardened with the way the police has dealt with them. However, in May 2022, the Ministry of Environment, Forest, and Climate Change granted environmental clearance to the project.

Fact Sheet

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for more compensation than promised

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (Grazing Land), Non-Forest (Other than Grazing Land)

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

2000

Type of investment:

Cost of Project

Year of Estimation

2015

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Central/State Government Policy, Environmental Laws

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
These sections cannot be bypassed - Section 21 [Notice to persons interested]; Section 23 [Enquiry and land acquisition award by collector based on the compensation determined under Section 27]; Section 25 [Award by collector must be made within 12 months from date of publication of declaration]; Section 26 [Criteria for assessment and determination of market value of land by collector]; Section 27 [Determination of amount of compensation]; Section 28 [Parameters to be considered by collector in determination of award]; Section 31(1) [Rehabilitation and resettlement award for affected families by collector]; Section 77 [Payment of compensation or deposit of same in authority]; Second Schedule Point 4 [employment will be part of the rehabilitation package]
Environmental Impact Assessment Notification, 2006
Section 7(i)(III) [This section of the notification provides for public consultation and the process to be followed for environmental clearance for new projects]
National Manufacturing Policy, 2011
Para 1.13 [establishment of National Investment and Manufacturing Zones (NIMZs), benchmarked with the best manufacturing hubs in the world]
G.O.Ms.No.123, Government of Telangana dated July 30, 2015
A copy of this is not available online 
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Non-rehabilitation of displaced people

Forced evictions/dispossession of land

Use of old/outdated laws

Non-implementation/violation of LARR Act

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

High Court for the State of Telangana

Case Number

Writ Petition No 15312 of 2016

Main Reasoning/Decision of court

The petitioners contended that the government was acquiring lands in their village for the National Investment and Manufacturing Zone (NIMZ) to be set up by the Telangana State Industrial Infrastructure Corporation. Being agricultural labourers, their livelihood would be lost if the lands were taken away under the impugned Government Order (GO) 123. The single-judge bench of the high court quashed GO 123, issued on July 30, 2015, which provided for quick land acquisition through purchase of lands from the land owners for public purpose. The court held that the government is not a private property dealer and that the state cannot bypass the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in respect of land acquisition. Subsequently, the Telangana government challenged the judgment, after which the bench stayed the operation of judgment of the single judge. While upholding the single-judge order, the bench noted that the state has no power to purchase or acquire land in large scale for construction of irrigation projects under GO 123.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Lathicharge/teargas/pellets

Whether criminal law was used against protestors:

Reported Details of the Violation:

Police arrested protesters during a public hearing

Date of Violation

January 19, 2021

Location of Violation

Zaheerabad

Additional Information

Nature of Protest

Complaints/petitions/letters/memorandums to officials

Protests/marches

Advocacy (for inclusion in courts)

Government Departments Involved in the Conflict:

Revenue Department

PSUs Involved in the Conflict:

Telangana State Industrial Infrastructure Corporation Limited

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

Landless dalit agricultural labourers, NIMZ Rythula Poratha Samithi

Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

In January 2016, the Centre approved the proposal for the National Investment and Manufacturing Zone (NIMZ) in Telangana. Setting up such manufacturing hubs is a part of the National Manufacturing Policy introduced in 2011 by the erstwhile Congress-led alliance government at the Centre to give a boost to the manufacturing sector and enhance its overall contribution to the country's gross domestic product. The total land proposed to be acquired for setting up the NIMZ in is 12,635 acres, spread across 17 villages in Nyalkal and Jharasangam mandals in the western part of the district. Since the project's announcement in 2015, various stakeholders have voiced opposition to it.
A large part of the land proposed to be acquired is privately owned. So far, the government has acquired only 2,900 acres of land. The problem, to begin with, is the farmers' refusal to part with their highly fertile land, which also holds substantial emotional value considering their complete dependence on farming for livelihood.
One of the other important issues with the project is that the Telangana State Industrial Infrastructure Corporation Limited has been acquiring lands at INR 7-9 lakh per acre while the market price is about INR 25 lakh per acre. Additionally, the state is seeking to buy these land parcels through negotiations with the land owners under Government Order (GO) 123, which does not contain any provision for compensating the landless and other categories of people affected by alienation of government land (including commons) for the project.
In January 2017, the Telangana high court struck down GO 123 as unconstitutional and arbitrary. However, the government later managed to secure an interim stay on this order while promising to notify a revised GO with enhanced provisions for all the affected people. Protests persist till date.
As recently as January 2021, Scientists for People, a group of retired scientists, noticed and complained that there are several discrepancies in the NIMZ Environment Impact Assessment report and demanded that the Ministry of Environment, Forest and Climate Change reject it. Soon after, in the same month, a public hearing was held, after being postponed since July 2020 owing to the pandemic. However, villagers opposing the project were allegedly not allowed to participate, and several protesters were arrested by the police during the hearing using physical force. The stance of the villagers has only hardened with the way the police has dealt with them. However, in May 2022, the Ministry of Environment, Forest, and Climate Change granted environmental clearance to the project.

Demand/Contention of the Affected Community

Refusal to give up land for the project

Demand for more compensation than promised

Complaint against procedural violations

Other Demand/Contention of the Affected Community

Region Classification

Urban and Rural

Type of Land

Common and Private

Type of Common Land

Non-Forest (Grazing Land), Non-Forest (Other than Grazing Land)

Total investment involved (in Crores):

2000

Type of investment:

Cost of Project

Year of Estimation

2015

Page Number In Investment Document:

Has the Conflict Ended?

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Land Acquisition Laws, Central/State Government Policy, Environmental Laws

Legislations/Policies Involved

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
These sections cannot be bypassed - Section 21 [Notice to persons interested]; Section 23 [Enquiry and land acquisition award by collector based on the compensation determined under Section 27]; Section 25 [Award by collector must be made within 12 months from date of publication of declaration]; Section 26 [Criteria for assessment and determination of market value of land by collector]; Section 27 [Determination of amount of compensation]; Section 28 [Parameters to be considered by collector in determination of award]; Section 31(1) [Rehabilitation and resettlement award for affected families by collector]; Section 77 [Payment of compensation or deposit of same in authority]; Second Schedule Point 4 [employment will be part of the rehabilitation package]
Environmental Impact Assessment Notification, 2006
Section 7(i)(III) [This section of the notification provides for public consultation and the process to be followed for environmental clearance for new projects]
National Manufacturing Policy, 2011
Para 1.13 [establishment of National Investment and Manufacturing Zones (NIMZs), benchmarked with the best manufacturing hubs in the world]
G.O.Ms.No.123, Government of Telangana dated July 30, 2015
A copy of this is not available online 
  1. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  2. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  3. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  4. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  5. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  6. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

What was the claim(s)/objection(s) raised by the community?

What was the Decision of the Concerned Government Department?

Legal Processes and Loopholes Enabling the Conflict:

Non-rehabilitation of displaced people

Forced evictions/dispossession of land

Use of old/outdated laws

Non-implementation/violation of LARR Act

Legal Status:

In Court

Status of Case In Court

Pending

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

High Court for the State of Telangana

Case Number

Writ Petition No 15312 of 2016

Main Reasoning/Decision of court

The petitioners contended that the government was acquiring lands in their village for the National Investment and Manufacturing Zone (NIMZ) to be set up by the Telangana State Industrial Infrastructure Corporation. Being agricultural labourers, their livelihood would be lost if the lands were taken away under the impugned Government Order (GO) 123. The single-judge bench of the high court quashed GO 123, issued on July 30, 2015, which provided for quick land acquisition through purchase of lands from the land owners for public purpose. The court held that the government is not a private property dealer and that the state cannot bypass the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in respect of land acquisition. Subsequently, the Telangana government challenged the judgment, after which the bench stayed the operation of judgment of the single judge. While upholding the single-judge order, the bench noted that the state has no power to purchase or acquire land in large scale for construction of irrigation projects under GO 123.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Lathicharge/teargas/pellets

Whether criminal law was used against protestors:

Reported Details of the Violation:

Police arrested protesters during a public hearing

Date of Violation

January 19, 2021

Location of Violation

Zaheerabad

Nature of Protest

Complaints/petitions/letters/memorandums to officials

Protests/marches

Advocacy (for inclusion in courts)

Government Departments Involved in the Conflict:

Revenue Department

PSUs Involved in the Conflict:

Telangana State Industrial Infrastructure Corporation Limited

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Landless dalit agricultural labourers, NIMZ Rythula Poratha Samithi

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Image Credit:  

Image Credit:  

Documented By

Text Link

Reviewed By

Text Link

Updated By

Text Link

Edited By

Text LinkLand Conflict Watch

Other Land Conflicts in Telangana

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