Andhra Pradesh High Court - Amravati
Botta Jayaramaiah, vs The State Of Andhra Pradesh, on 3 February, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.7641 of 2019
ORDER:
This writ petition is filed seeking to declare the action of the respondents in not paying compensation for the lands of the petitioners as illegal, void, arbitrary and against the principles laid down by the Larger Bench of the erstwhile High Court of Andhra Pradesh in Land Acquisition Officer-cum-Revenue Divisional Officer, Chevella Division and Others vs. Mekala Pandu and others1, and for a consequential direction to the respondents to pay the compensation to the petitioners' land and pass such other orders as may be deemed fit and proper.
2. Heard Sri D.Kondanda Rami Reddy, learned counsel for the petitioners, and learned Assistant Government Pleader for Land Acquisition appearing for the respondents.
3. The petitioners are the assignees of DKT lands in Kommur and Konapuram Villages, Nandalur Mandal, YSR Kadapa District. They claim that their lands are sub-merged in the back waters of Somasila project in the year 2008 and they are not being paid compensation to DKT/assigned lands, despite making representations to the Government and the concerned respondents.
4. Learned counsel for the petitioners submits that adverting to one of the representations made on behalf of the petitioners, respondent No.3 through his letter, dated 13.03.2017, requested respondent No.5, i.e., Executive Engineer, Somasila Project 1 AIR 2004 (AP) 250 2 NJS,J W.P.No.7641 of 2019 Division Unit IV, Atmakur, SPSR Nellore District, to verify the survey numbers on ground if they are covered under below Full Reservoir Level (FRL) contour and send requisition for below FRL contour lands. Subsequently, respondent No.4 addressed a communication, dated 30.01.2019, to respondent No.3 furnishing the details of DKT lands, which are genuine and eligible for payment of compensation. Learned counsel further submits that subsequently, on 11.03.2019, respondent No.3, while enclosing the above said details, addressed a communication to respondent No.5 with a request to issue a fresh requisition for Konapuram Village DKT lands as per the genuineness and eligibility certificate furnished by respondent No.4/Tahsildar, as the said lands were already submerged long back. Learned counsel also submits that despite the above position, no steps have been taken by the requisition department and thereby, the petitioners are deprived of the compensation to which they are legally entitled to. Learned counsel submits that the petitioners, being DKT/assigned landowners, are entitled for the compensation on par with the private patta lands as per the decision of the Larger Bench of the erstwhile High Court of Andhra Pradesh in Mekala Pandu's case (supra 1) and also in terms of G.O.Ms.No.259, Revenue (ASSN.I) Department, dated 21.06.2016. Learned counsel submits that due to non-payment of compensation for their lands, the petitioners are subjected to serious prejudice and their valuable rights are jeopardized due to inaction on the part of the respondents. Learned counsel eventually submits that under the above said circumstances, the petitioners, having left with no other 3 NJS,J W.P.No.7641 of 2019 alternative remedy, are constrained to invoke the jurisdiction of this Court under Article 226 of the Constitution of India seeking appropriate reliefs.
5. On the other hand, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.2 to 5 advanced her arguments with reference to the averments as set out in the counter-affidavit.
6. A perusal of the counter-affidavit filed on behalf of respondent Nos.2 to 4 shows that after completion of land acquisition proceedings with regard to the lands sub-merged under foreshore water of Somasila project, awards were passed and the compensation was also paid to both private patta lands and the structures. However, in the meanwhile, FRL levels were changed by the requisition department and as such, necessary action regarding DKT lands in respect of the villages-in-question could not be taken. Under the said circumstances, respondent No.3 requested respondent No.5 through communication, dated 13.03.2017, while furnishing a list of survey numbers pertaining to the petitioners, to verify the same on ground and if they come under below FRL contour, to send remarks for taking necessary action in the matter. Subsequently, another communication was addressed on 11.03.2019, in this regard and respondent No.5 was requested to send a report. The counter-affidavit further discloses that the concerned authorities i.e., the Superintending Engineer, Somasila Project Circle, had formed four teams for survey of the land-in-question, where complaints have been received regarding non-payment of the compensation in both DKT and patta lands, 4 NJS,J W.P.No.7641 of 2019 which were recently inundated under backwaters of Somasila project, in view of heavy rains and storage of water to the full capacity of 78 TMC due to heavy inflows and a report in this regard is awaited. Though the said counter-affidavit was sworn on 18.03.2020 stating that the teams constituted for the purpose of completing the survey and submitting the report would take two months for further necessary action, no information is forthcoming as to whether the said report was submitted to the concerned authorities.
7. Be that as it may, in view of the categorical assertions in the counter-affidavit to the effect that necessary action would be taken on receipt of requisition from the Engineering Department for acquisition of leftover DKT/patta lands in Kommur and Konapuram villages, to which compensation is pending, the authorities are directed to complete the survey, if it is not already completed, as early as possible, preferably, within a period of four months from the date of receipt of a copy of this order and submit the proposals for requisition on the basis of outcome of the survey, so that, necessary proposals for initiating land acquisition proceedings can be undertaken without any further delay in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013) and Government orders referred to above.
5 NJS,J W.P.No.7641 of 2019
8. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_______________________ JUSTICE NINALA JAYASURYA 03rd February, 2021 GHN