Andhra Pradesh High Court - Amravati
Meka Pedda Ankaiah, vs The State Of Andhra Pradesh, on 23 August, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.24464 OF 2020
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking to declare the impugned orders passed by the 4th respondents in Proc.B/LA/388/2012 dated 15.03.2018 for granting exgratia for acquired land (residential house) of the petitioners in layout plot No.269-320 in Sy.No.6P of Sankurathripalli village, Rapur Mandal, SPSR Nellore District as illegal, arbitrary and consequently to direct the respondents to pay the compensation in accordance with provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short referred as the Act, 2013] with all statutory benefits for the acquired land of the petitioners.
2. Heard learned counsel appearing for the petitioners and learned Assistant Government Pleaders for Land Acquisition appearing for the respondents 1 to 5 as well as learned standing counsel for the respondent No.6.
3. The case of the petitioners, in brief, is thus:
(a) The petitioner are landless poor persons living below the poverty line and they belongs to Schedule Caste community and all the petitioners are residing in Sy.No.6-P of Arundhatiwada, Sankurathripalli village, Rapur Mandal, Nellore District. The Sy.No.6-P is a promboku land belongs to the government and the petitioners are residing by raising 2 temporary thatched houses. All the petitioners herein are eligible for grant of assignment of house sites. Accordingly, the 5th respondent has granted houses site pattas to the petitioners in Sy.No.6-P of said village in an extent of Ac.495.50, as per village accounts out of that 42 house site plots were prepared with a layout of plots from Serial No.269 to 310 and the houses site pattas each Ac.0.05 cents (242 square yards) were issued in favour of the petitioners.
(b) Thereafter in addition to the above houses, they have sanctioned 27 houses under Indiramma Housing Programme 2004-2005 under weaker section housing scheme. All the petitioners constructed their residential houses, with the financial assistance provided by the A.P. State Housing Finance Corporation to the petitioners and others, since then they are residing in the said plots.
(c) Based on the requisition made by the Deputy Chief Engineer, Gauge Conversion South Central Railway, Tirupathi for acquisition of land admeasuring Ac.20-30 cents in Sy.No.6 of Sankurathripalli village of Rapur Mandal and other lands for formation of new Broad Gauge Railway Line from Obulavaripalle of Kadapa District to Krishapatnam port of SPSR Nellore District, the 3rd respondent has submitted detail proposals to the 2nd respondent for alienation of Government land measuring to a total extent of Ac.322.96 cents, in favour of South Central Railway Tirupathi. The 1st respondent accorded permission vide G.O.Ms.No.311 Revenue department dated 06.09.2014 to the 3rd 3 respondent for alienation of Government land total in an extent of Ac.322.96 cents in favour of South Central Railway Tirupathi.
(d) The Senior Manager, Civil, RVNL Chennai has deposited an amount of Rs.17,59,05,000/- for payment of exgratia to the eligible beneficiaries. The 3rd respondent directed the Tahsildar Rapur to hand over the requisition land of Ac.20.30 cents in Sy.No.6/4 of Sankurathripalli village of Rapur Mandal in favour of the Deputy Chief Engineer, Gauge conversion, South Central Railway, Tirupathi for formation of new railway line.
(e) Out of above requisitioned land of Ac.20.30 cents in Sankurathripalli village, exgratia was paid to DKT land to an extent of Ac.13.54 cents for an amount of Rs.62,40,923/- to 13 beneficiaries of Sankurathripalli village, eliminating an extent of Ac.6.76 cents in same Sy.No.6/4. The Tahsildar also issued possession Certificate in favour of Deputy Chief Engineer, Gauge conversion, South Central Railway, Tirupathi.
(f) The proposed formation of new Railway Line is passing through the petitioners' residential houses, in spite of several efforts of the petitioners, the respondents are not providing with any proceedings, but they are trying to take possession of the petitioners' property without any notification under the provisions of the Land Acquisition Act, 1894 or without paying any compensation or exgratia to the petitioners. 4
(g) On 18.01.2016 the staff of the 5th respondent-Tahsildar and other officials along with Station House Officer, Rapur Police Station have visited the petitioners' residential colony and cautioned the petitioners that they should vacate the houses. In the said circumstances, the petitioners approached this court by way of filing W.P.No.1693 of 2016 and the same was disposed of by this court vide order dated 07.07.2017, directing the respondents to forthwith take steps to pay compensation to the petitioners, for whom the state has assigned house sites in 1996, by taking appropriate steps under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within four months.
(h) Even after receipt of the above said orders, the 3rd and 4th respondents have not taken any further steps to implement orders of this Court; hence, the petitioners approached the Court and filed C.C.No.2613/2016 for non-
implementation of the orders, dated 07.07.2017. After filing the contempt case, the respondents have initiated proceedings, wherein the petitioners and some of their legal heirs participated enquiry and requested for payment of compensation to their structures, on par with similarly situated land owners vide Award No.1/2017-18 dated 04.05.2017 passed by the Special Deputy Collector (Land Acquisition) S.S.P. Unit, Rajampet, Kadapa District. On that the petitioners were informed to claim the exgratia amount to the Competent Authority by submitting requisite documents.
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(i) The 4th respondent fixed total market value @Rs.500/- per square yard in an extent of 242 sq. yards of each petitioner and sent a letter to the 3rd respondent to release the exgratia amount in compliance with orders of this court in W.P.No.1693/2016 dated 07.07.2017. Accordingly, the 3rd respondent vide proceedings dated 24.07.2018 released an amount of Rs.38,72,000/-, towards payment of exgratia for land/house sites of the petitioners.
(j) However, the 4th respondent failed to fix the market value for the acquired land of the petitioners and failed to implement the orders of this court in W.P.No.1693/2016 dated 07.07.2017; in fact, the 4th respondent fixed market value basing on the report submitted by the 5th respondent since in the neighbour village - Maddelamadugu of Rapur Mandal, the sales transactions are @1700/- per square yard on 09.06.2014 and Rs.1750/- per square yard on 21.05.2014. The sale transactions on 11.1.2016, 11.11.2016 pertaining to Rapur Village are @ Rs.5000/- per square yard, without considering the parameters for determination of Market value, the 4th respondent passed orders vide Proc.Rc..(LA)288/2012, dated 15.03.2018. Thus, the 4th respondent without following due process of law contemplated under provisions of the Act, 2013 simply issued proceedings dated 15.03.2018. Questioning the said impugned orders, present Writ Petition is filed. 6
2. After notice, the 5th respondent filed counter. In the counter, though it is not denied the filing of earlier writ petition and its disposal by this court, but denied the possession of the petitioners. It is averred in the counter that even though house site pattas were granted to the writ petitioners during the year 1996, they have not occupied the plots allotted to them and not raised any constructions as the layout is not as per Vasthu. The allotees have occupied the adjacent land and raised constructions. Out of 32, 27 families were sanctioned Housing Colony under weaker section Housing Programme during the year 2004-2005 and constructed the Housing colony by issuing possession certificates and residing there since 2005 and their residences are about 500 meters to the railway line and these house were not acquired by the Department.
3. Further it is stated in the counter that as per the orders of this court in W.P.No.1693 of 2016, notices were issued to the concerned, upon hearing and perusal of records, the 3rd respondent informed to the writ petitioners that the holders of the house site pattas will be paid exgratia and issued orders vide Revenue Divisional Officer, Nellore proceedings dated 15.03.2018. Accordingly an amount of Rs.38,72,000/- was released towards exgratia and credited to the bank accounts of the writ petitioners.
4. Further it is denied in the counter that the allegation made by the writ petitioner that the respondents have failed to take 7 steps to implement the orders of the court dated 07.07.2017. It is submitted that as per the orders of this court, the respondents issued notices to the concerned and on verifying the documents and records, they have paid the exgratia amount to the house site patta holders. It is further submitted that they have taken market value as per the Register maintained by the Sub-Registrar Rapur for calculation of exgratia, thereby prayed to dismiss the Writ Petition.
5. In the present Writ Petition it is admitted by the respondents that the petitioners were granted house site pattas. In fact, earlier the petitioners have approached this court for payment of compensation vide W.P.No.1693 of 2016 and the same was disposed of with the following observation:
"6. In view of the fact that the petitioners have been deprived of the lands assigned to them by the State Government for the purpose of laying the above railway line by the Rail Vikas Nigam Limited and since they have not been paid any compensation as per the judgment of this Court in the above decision, the Writ Petition is disposed of directing the respondents to forthwith take steps to pay compensation to the petitioners or the petitioners' spouses for whom the State had assigned house sites in 1996 as per the above decision of this Court, if necessary, by taking appropriate steps under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within four months from the date of receipt of a copy of this order. The question whether the petitioners are entitled to payment of compensation for structures allegedly erected by them would depend upon the fact whether said structures existed at the time when possession of the said land was taken and the said issue will also be considered by competent authority while deciding the quantum of compensation which the petitioners would be entitled. No costs."
6. It is also not out of place to mention that on the identical issue raised before this Court, the observations made in the decision of Land Acquisition Officer-cum-Revenue Divisional 8 Officer and Others etc. Vs. Mekala Pandu and Others1 case was also confirmed by the Honourable Apex Court. Therefore, in view of the ratio laid down in the said judgment, once granting of the pattas to the petitioners is admitted, the petitioners are entitled for the compensation at market value on par with the private lands.
7. In view of the same, the respondents are directed to process and pay the compensation to the petitioners, by determining the market value under Section 26 of the Act 2013, after deducting the exegratia amount, which has already been paid to the petitioners, within a period of two (02) months from the date of receipt of copy of the order.
8. 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: 23.08.2022 Pnr 1 AIR 2004 A.P. 250 9 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.24464 OF 2020 Date: 23-08-2022 Pnr