The Special Collector (La), Vs Palempali Siva Reddy

Writ Appeal under clause 15 of the Letters Patent of Writ Appeal, aggrieved by the order dated.10.10.2018 in WP No.25342 of 2009 passed by the Hon'ble Sri Justice M. Seetharama Murti

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Between:

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THE SPECIAL COLLECTOR (LA),, TELUGU GANGA PROJECT AND G.N.S.S., KADAPAH, KADAPA DISTRICT.

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THE SPECIAL DEPUTY COLLECTOR (LA),, TELUGU GANGA PROJECT, UNIT-II, MAMILLAPALLI, KADAPA DISTRICT.

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...APPELLANT(S)

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AND

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PALEMPALI SIVA REDDY, S/O. SUBBA REDDY, AGRICULTURE, R/O. TILAK NAGAR, KADAPA TOWN, KADAPA DISTRICT.

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BEEMAVARAM OBULAMMA DIED, AS PER LR B.EASHWAR REDDY, S/O. CHINNA SUBBA REDDY, AGRICULTURE, R/O. SHANKARA PURAM, KADAPA DISTRICT.

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SREERAMADAS SRINIVASULU, S/O. SUBBARAYUDU, WEAVER, R/O. MADHAVARAM NEW, ONTIMITTA, KADAPA DISTRICT.

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SREERAMADAS SHIVARAMAIAH, S/O. SUBBARAYUDU, WEAVER, R/O.NEW BOINPALLY VILLAGE AND POST, RAJAMPET MANDAL, KADAPA DISTRICT.

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RRR, J & TCDS, J W.A.No.495 of 2019

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PENUBARTHI VENKATAIAH, S/O. NAGAIAH, R/O. NEW BOINPALLY VILLAGE AND POST, RAJAMPET MANDAL, KADAPA DISTRICT.

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THE GOVERNMENT OF A P, REP. BY ITS SECRETARY, IRRIGATION AND CAD DEPARTMENT SECRETARIAT, HYDERABAD. (R6 IS FORMAL PARTY IN THIS PETITION)

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...RESPONDENT(S):

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IA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to condone the delay 350 days in filing the writ appeal against the order dated.10.10.2018 in W.P.No.25342 of 2009 in the interest of Justice and to pass

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IA NO: 2 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Suspend the operation of the order Learned Hon'ble Single Judge passed in WP No.25342 of 2009, dated.10.10.2018 pending disposal of the Writ Appeal and pass

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Counsel for the Appellant(S):

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1.GP FOR LAND ACQUISITION (AP)

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Counsel for the Respondent(S):

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1.GP FOR IRRIGATION COMM AREA DEV

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2.CH C KRISHNA REDDY

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RRR, J & TCDS, J W.A.No.495 of 2019

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The Court made the following Judgment:

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(per Hon’ble Sri Justice R. Raghunandan Rao)

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The parties in the present Writ Appeal are being referred to as they are arrayed in the Writ Petition, bearing W.P.No.25342 of 2009.

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The petitioners land in Sy.No.13 (14) of Chinnapareddipalle Village, Ontimitta Manda, Y.S.R. Kadapa District, got sub-merged on account of the Somasila project. The report of the Revenue Authorities, prior to the issuance of notification under Section 4 (1) of the Land Acquisition Act, 1894, states that certain structures were available on the lands claimed by the petitioners. However, compensation was not awarded in relation to these structures. The petitioners, being aggrieved by the action of the respondents in refusing to award compensation, had approached the erstwhile High Court of Andhra Pradesh, by way of W.P.No.13313 of 1987. This Writ Petition came to be allowed by a learned Single Judge of the erstwhile High Court of Andhra Pradesh, on 31.12.1987, with a direction to the Land Acquisition Officer to make a spot inspection with regard to the structures for which compensation has to be determined and then determine compensation accordingly, preferably within three months from the date of receipt of the said order. Thereafter, the Land Acquisition Officers are said to have issued notifications,

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in the years 1992 and 1996, for acquisition of these lands and structures. However, both notifications lapsed. It is the case of the respondents that these notifications lapsed on account of the non-cooperation of the petitioners in

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RRR, J & TCDS, J W.A.No.495 of 2019

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coming forward with necessary material to demonstrate the extent of structures and the nature of the structures.

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The petitioners again approached the erstwhile High Court of Andhra Pradesh, by way of W.P.No.25342 of 2009, seeking a direction for an award to be passed under the provisions of the Land Acquisition Act in respect of the structures that are said to have been lost by the petitioners as well as the land on which these structures were standing. A learned Single Judge of the erstwhile High Court, by an order, dated 10.10.2018, had allowed the Writ Petition with a direction to the Authorities to complete the process, as directed by the learned Single Judge in W.P.No.13313 of 1987.

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Aggrieved by this Judgment, the respondents have filed the present Writ Appeal.

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The learned Assistant Government Pleader for Land Acquisition appearing for the respondents would contend that the petitioners had approached this Court with inordinate delay and they cannot be permitted to maintain a Writ Petition without any explanation for the said latches. The learned Assistant Government Pleader would also contend that there is no material available with the Authorities to take any steps for assessing the value of the land or the structures for the purpose of arriving at the compensation amount that would have to be paid.

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RRR, J & TCDS, J W.A.No.495 of 2019

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This Court, after hearing the matter earlier, in the light of certain factual discrepancies, had directed the Special Deputy Collector (Land Acquisition), Somasila project, to file an affidavit to set out the facts on ground. The Special Deputy Collector has filed an affidavit setting out the facts relating to the acquisition process that had been carried out. The Special Deputy Collector has stated that no award had been passed in relation to the structures and the land claimed by the petitioners and that the acquisition process would be taken up and completed within six (06) months time.

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The learned Assistant Government would further contend that the aforesaid period of six months can be taken up into account only upon necessary documents being filed by the petitioners.

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In the light of the above submissions, it would be appropriate to

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dispose of this Writ Appeal with the following directions:

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1. The acquisition process to be taken up by the respondents shall be completed within a period of six (06) months from the date of receipt of this order.

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1. In the event of the petitioners not producing any document or material to demonstrate the extent of built up area of the structures and the nature of such construction, it would be open to the Acquisition Officer to make a best-judgment assessment as to the nature of the structures and the extent of structures on such lands and to award compensation in accordance with such assessment.

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1. It would also be open to the Acquisition Officer to take into account the report of the Revenue Authorities, which had been furnished on the basis of inspection before the notification under Section 4 (1) had been issued.

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