Writ petition seeking compensation for acquired land dismissed by this court as devoid of merits, since revenue records established petitioner possession of said land was not recognized and land stood as Government land for which no compensation rights existed.
No compensation or any direction to pay compensation was granted; writ petition dismissed.
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THE HON'BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.16712 of 2004
ORDER:
The petitioners filed the instant writ petition seeking a writ of mandamus declaring the action of the respondents in not paying compensation to the petitioners in respect of lands covered by Survey Nos.835/M and 835/2 admeasuring Acs.2.00 each, situated at Haripirala Village of Thorrur Mandal, Warangal District, as illegal and arbitrary. They also seek a consequential direction to the respondents to pay the compensation.
The case of the petitioners is that they are the owners of the land admeasuring Acs.2.00 each in survey numbers referred to hereinabove. The land was allegedly acquired for excavation of canal under Sriram Sagar Project Phase II, i.e., DBM.60 K.Ms. 8000 to 10000. The petitioners had requested the respondents for compensation, in vain. Therefore, they filed the instant writ petition.
The Special Deputy Collector, Land Acquisition Unit-I, S.R.S.P. Hanamkonda, the second respondent herein, filed a counter affidavit denying the petition allegations. It is stated that the land in Survey No.835 is a Government land and therefore the petitioners cannot have any right over the land. For ready reference, the averments in para-3 of the counter affidavit are extracted hereunder.
It is submitted that an extent of Ac.5.23 gts., in Survey No.835 of Haripirala Village, Thorrur Mandal, Warangal District has been acquired for excavation of canal under Sri Ram Sagar Project at K.M. 8 to K.M. 10 of DBM 60. As per the Revenue Records, the said Survey No.835 is a Government land having a total extent of Ac.87.27 gts. Out of the said extent, Ac.87-00 was assigned to 41 persons. The assignment was implemented in Jamabandi of the year 1981-82. As per the Faisal Patti for the year 1981-82 of Haripirala village, the land in Sy. No.835 was not assigned to either of the Petitioners. Therefore, the Petitioners have no right over the said Government land in Sy.No.835. The Petitioners have stated that they are the owners and in possession of land bearing Sy. No.835/M and 835/2 to the extent of Acs.2.00 each situated at Haripirala Village. As per the Faisal patti of the year 1981-82 the said land in Sy. Nos. 835/M and 835/2 was assigned in favour of Gazi Yerraiah (Ac.1.00) and Jallika Somaiah (Acs.2.00) respectively. Therefore, the Petitioners have no right over the Government land and as such the Petitioners cannot claim compensation.
The petitioners have not filed any reply affidavit denying the counter averments. This shows that the case of the respondents remains un-rebutted
as the land in Survey No.835, which is in possession of the petitioners is a Government land, the petitioners have no right to seek compensation. The petitioners may have to establish their right over the land in appropriate forum.
In view of the same, the writ petition, for the above reasons is devoid of any merits and it is accordingly dismissed. No costs.
_______________ (V.V.S. RAO,J)
3rd February, 2011
pnb
2 issues framed by the court
Whether petitioners are entitled to compensation for land alleged to be in possession despite revenue records showing it as Government land.
Whether the writ petition should be dismissed as devoid of merits after respondent's counter affidavit remained unrebutted.
Petitioners
Special Deputy Collector
V.V.S. Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
