Andhra Pradesh High Court - Amravati
Kanakam Venkata Ramana vs The State Of Andhra Pradesh on 13 October, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.12496 OF 2022
ORDER:
This petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in not paying the compensation to the submerged DKT lands of the petitioners covered by Sy. Nos. 292 to 305 of K. Bommapalli village, Kondapur Mandal, Kadapa District in spite of reports submitted by the respondents 6 and 7 as well as the requisition proposals placed by the Irrigation Department is as illegal, arbitrary and consequently direct the respondents to pay the compensation to the petitioners for the above said DKT lands in pursuant to the reports of the respondents 6 and 7, dated 04.02.2020, 25.10.2021 and written representations dated 21.04.2022 made by the petitioners, on par with the patta lands under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in pursuance of G.O.Ms. No.259, dated 21.06.2016.
2. The case of the petitioners, in brief, is that-
[i] The petitioners are residents of K. Bommapalli village habitation which was submerged under Mylavaram Reservoir Project and thereafter they have shifted to a higher elevation and reconstructed their village in the name of K. Bommapalli as their agriculture lands were submerged in the Mylavaram Reservoir Project. While so, in the year 2 2004 the petitioners were granted DKT Pattas in Sy.No. 203, which was newly created Survey Numbers as 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304 and 305.
[ii] Ever since from the granting of Pattas, the petitioners have been cultivating the said land till their DKT lands got submerged in the Gandikota Reservoir in the year 2014 and that the Executive Engineer, SKD, GNSS Division - 1, Kadapa, who is 5th respondent herein had sought for requisition through the respondents No. 3 and 4 for payment of compensation under the Land Acquisition Act i.e., Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to our submerged DKT Lands. While pending their proposals for requisition for payment of compensation, the petitioners came to know that M/s. Enercon (India) Power Development Private Limited has sought for alienation of Government lands to an extent of Ac. 0.60 cents at 7 locations on the top of the Hill in the Block in Sy. No.203 for setting wind mills.
[iii] While so, on their repeated representations the 7th respondent-Tahsildar had a sent a report dated 04.02.2020 to the 4th respondent-Special Deputy Collector, GNSS stating that originally the land which was assigned to the petitioners in the DKT Patta covered by Sy. No.203 was classified in the RSR register and subsequently the said Sy. No. 203 of K. Bommapalli Village had been sub-divided into Sy.Nos. 3 292 to 305 and the petitioners were granted assignment pattas to their respective extent of land.
[iv] The 6th respondent- the Revenue Divisional Officer had also submitted a letter to the 2nd respondent-District Collector, dated 25.01.2021 reiterating the contents of the 7th respondent's report and finally requested the 2nd respondent for cancellation of new Sy.No. 292 to 304 created for the lands proposed for wind mills, vide its proceedings dated 25.02.2016 and the proceedings dated 11.04.2018 while retaining the survey numbers 292 to 305 allotted to the petitioners. After submitting the said reports, the petitioners also made oral representations to the respondent Nos.3 and 4, who are competent authorities to initiate the land acquisition proceedings for payment of compensation to their submerged DKT lands under provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Despite their several requests, the respondents have not considered the case of the petitioners for payment of the compensation as per G.O.Ms.No.259, dated 21.06.2016 left with no option, present Writ Petition has been filed.
3. Denying the averments made in the writ petition, the respondents 3 and 4 filed their counter. According to the counter, the then Deputy Inspector of Survey and Special Surveyor of the office the 3rd respondent has got surveyed on 20.12.2019 and submitted a report, stating that the survey numbers mentioned in the requisitions were formed and 4 scrutinized by the Assistant Director, District Survey and land records, Kadapa by way of splitting the Block No.203. The splitting was carried out in the said Survey Numbers in the year 2018 and the land in the subject seems to be alienated to set up Wind Power Mills. Further the survey numbers of the requisitions are situated on the top of hilly terrain and these are not subjected to submersion under Gandikota Reservoir.
4. Further it is submitted in their counter that as per the report submitted by the 7th respondent-Tahsildar, Kondapuram, after the habitation and submerging the lands of the petitioners under Mylavaram Reservoir project, they have reconstructed their village and again named it as K. Bommepalli in Block Survey No. 203 extent of 1730.73 acres which is classified as "Hill" in the RSR of K. Bommepalli village. In due course DKT pattas were also given to them in the same Block Survey No.203 in the newly created Survey Numbers, such as 292, 293, 294, 295, 296, 297, 298, 299, 299,300,301.302,303,304 and 305. Later on, the Government has proposed to construct Gandikota Reservoir project, again K. Bommepalli new habitation was submerged along with the new lands acquired by the villagers. So far only some of the DKT pattadars, having DKT pattas with old Sy.No. i.e, Sy.No.203, have been paid exgratia and some of the DKT pattadars having newly created survey numbers out the Block Sy. No.203 in their pattas are unable to receive exgratia due to problem with the survey records, as new duplicate survey 5 numbers were again formed separately, without taking into consideration the already existing survey numbers.
5. It is further submitted that on the report of the then Tahsildar, Kondapuram, the AD, Survey and Land Records approved creation of new Survey Numbers vide proceedings R.Dis.No.A5/988/2015. Thus, already existing survey Numbers from 292 to 298, which were actually formed during the year 1999 itself, again freshly created for the purpose of alienation to the Wind Mill project; that some mistake had been committed in confusion and new Survey Numbers are again created with same survey numbers for submitting proposals for wind mills, without taking into consideration, already created survey Numbers during the year 1999. Thus, assigning of the already existing Survey Numbers as fresh numbers resulted in duplication of Survey Numbers complicating payment of exgratia to the DKT pattadars, who were also assigned the same Survey Numbers, earlier.
6. As per their counter, the difficulty for processing the claims of the petitioners is with regard to having two survey numbers i.e., submerging of land of the petitioners in Survey Nos.292 to 305 and the existing new Survey Numbers are again freshly created for the purpose of alienation to the Wind Mill project with the same numbers. Except that there is no denial with regard to the entitlement of the petitioners for compensation, more specifically entitlement of benefits under G.O.Ms.No.259. 6
7. Based on the above averments, learned counsel for the petitioners further emphasized his argument that the petitioners are residents of K.Bommapalli Village, their lands along with structures have been sub-merged in Mylavaram Reservor and accordingly, they have moved the present area and constructed their houses and basing on their possession, the DKT pattas have been granted in the year 2004. Subsequently, as per the policy decision the government has undertaken to construct Gandikota Reservoir. By virtue of the same, again the village habitation as well as the lands has been submerged. In the said circumstances, the petitioners were deprived of their livelihood, homes and shelters, hence, they are entitled for compensation as per the provisions of the Act, 2013.
8. In the identical cases, considering the case of the petitioners, the government also issued G.O.Ms.No.259 dated 21.06.2016 wherein the Government has constructed the authorities to pay compensation for resumption of assigned lands on par with patta lands under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
9. Further learned counsel for the petitioners has relied on the reports submitted by the Tahsildar dated 04.02.2020 and the Revenue Divisional Officer, dated 21.05.2020. According the said reports, after taking the facts and circumstances into consideration, the Revenue Divisional Officer has made certain proposals, which reads as follows:- 7
"In the above circumstances, there is absolute necessity to retain the survey numbers from 292 to 306 to the assigned lands when compared to the lands proposed for wind mills. Therefore, cancellation of new survey numbers from 292 to 304 allotted to the wind mills is preferable, advisable and also safe option to solve the problems of the DKT pattadars.
In view of the above, it is requested that necessary orders may kindly be issued cancelling the new survey numbers from 292 to 304 created for the lands proposed for wind mills vide proceedings of the AD, Survey and Land Records, YSR District Ref.No.R.Dis.A5/988/2015, Dated 25.02.2016 and in Proceedings No.R.Dis.A5/193/2018 Dt.11.01.2018, while retaining the survey numbers 292 to 306 allotted to the DKT pattas."
10. Despite the receipt of the said report, the District Collector has not resolved the issue. In view of the said circumstances the petitioners' claim has been denied without having any proper reasons.
11. On the other hand, learned Government Pleader appearing for the respondents, as per the averments of the counter, submitted that some of the persons, having no disputes with regard to the survey numbers were paid exgratia and pertaining to the survey numbers having duplicity, they could not be able to process their claims; unless and until their revenue records are clarified by the authorities, the claims of the petitioners cannot be considered as per the provisions of the Act, 2013.
12. On perusal of the reports of the Tahsildar, dated 04.02.2020 and the Revenue Divisional Officer, dated 25.10.2021 there are factual disputes with regard to the grant of assignment in favour of the petitioners and also submerging of the said lands in Gandikota Reservoir, since the Revenue Divisional Officer vide his report dated 25.10.2021 has considered the entire aspect and requested the District 8 Collector to cancel the New Survey Numbers by retaining the old survey Numbers allotted to the DKT pattas as it is, to process the claims of the petitioners and to pay the benefits to the submerged lands in Survey Numbers 292 to 305.
13. Therefore, considering the submissions made by both the counsel and considering the averments made in the counter as well as the reports of the Tahsildar, dated 04.02.2020 and the Revenue Divisional Officer, dated 25.10.2021, the 2nd respondent-District Collector is directed to consider the reports of the Tahsildar, dated 04.02.2020 and the Revenue Divisional Officer, dated 25.10.2021, to issue clarification expeditiously as far as possible within a period of four (04) weeks, from the date of receipt of a copy of the order, to enable the respondents 3 and 4 to process the claims of the petitioners. After receipt of such clarification from the 2nd respondent, the respondents 3 and 4 are directed to consider the claim of the petitioners and pay compensation as per G.O.Ms.No.259, dated 21.06.2016 and also as per the provisions of the Act, 2013 within a period of three (03) months.
14. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
______________________ JUSTICE D. RAMESH Date: 13.10.2022 Pnr