K Ameanemma Vs Union of India,Rep by Its Secy., New Delhi, & 3 Others

“….pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus Direct the Respondents to lay the pipeline & pathway of the proposed pump house as per the drawings of 1954 ii) Direct the Respondents to follow the due process of law and the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. iii) Declare the action of the Respondents in throwing debris into the petitioner's land as illegal. iv) pass….”

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2. Case of the petitioner herein is that she owns Ac.2.40 cents

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of land in Panagal Village, Srikalahasti Mandal, Chittoor District, which is adjacent to the Swarnamukhi River. The respondents are alleged to have conducted a survey for the purpose of demarcating their land in connection with the augmentation of water supply to Srikalahasti Railway Station, and in that connection, they addressed a letter dated 08.05.2017 to the Tahsildar, requesting him to depute Surveyor to demarcate the railway land in Survey Nos. 253, 254, 255, 256 and 257 of Panagal Village. According to the petitioner, the Surveyor demarcated the land, in contravention of the railway drawings of

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the year 1954, and part of the petitioner’s land is also included in the new demarcation. Not being satisfied with the survey conducted by the Surveyor, the petitioner is stated to have submitted a representation dated 08.05.2017 to respondent No.4-Tahsildar, requesting demarcation of the Railway land in Panagal Village.

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According to the learned counsel for the petitioner, in connection with the augmentation of water supply to Srikalahasti Railway Station, a pucca road with a width of 10 feet has been laid from the station premises up to the pump house along the Railway boundary. According to him, the road connecting the highway to the Railway Station has been encroached upon by the public by way of unauthorized constructions.

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A perusal of the material on record goes to show that in pursuance to an application made by son of the petitioner K.Gandhi Raju, under the provisions of the Right to Information Act, 2005 seeking information, the railway authorities furnished information, vide letter dated 30.01.2026, that as per the available drawing, the year of preparation of the drawing is 1954, and the available land plan was prepared during 1954, which shows particulars of the land acquired.

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Learned Standing Counsel appearing on behalf of the respondents, based on written instructions, submits that the railway authorities are willing for a fresh joint survey by the officials consisting of the Mandal Surveyor, Railway Officials, and the respondents, as per the Railway records, at the earliest. It is also stated by him that the petitioner may make arrangements to engage a Surveyor for the joint survey of the land in question, duly fixing the convenient/suitable date by giving advance information to the officials, atleast three days in advance, to enable them to join the joint survey and complete the same. The said written instructions are placed on record. The learned counsel for the petitioner consented for the aforesaid proposal.

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Placing the aforesaid submissions on record, the Writ Petition is disposed of, relegating the parties to a fresh joint survey of the subject land, as referred above. The respondents shall take necessary steps for a fresh joint survey by the officials consisting of the railway officials concerned and the Mandal Surveyor, in the presence of the petitioner, with reference to railway records and the documents of the petitioner. The petitioner is at liberty to engage a Surveyor for the fresh joint

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survey. Both parties shall arrive at a consensus with regard to

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date of the joint survey and complete the same at the earliest.

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There shall be no order as to costs of the Writ Petition.

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As a sequel thereto, the miscellaneous applications, if any,

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pending in this Writ Petition shall stand closed.