P JANARDHANA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the common judgment dated 23-6-1999 of the Andhra Pradesh High Court in Writ Petition No. 14282 of 1998 in which the orders of the State Government appointing the Commission under the Commissions of Inquiry Act, 1952 (for short 'the Act'), vide G.O.Ms. No. 83 dated 5-2-1997 and G.O.Ms. No. 468 dated 2-6-1997 were set aside holding, inter alia, that the Government did not form any opinion to appoint the Commission under the Act.

(3.) The factual backdrop of the case leading to the present proceeding may be shortly stated thus : For construction of Yeleru Left Canal, land in Visakhapatnam District was acquired on the requisition of the Irrigation Department. Awards were passed by the Land Acquisition Officer after completing the formalities under the Land Acquisition Act, 1894. Not satisfied with the quantum of compensation fixed by the Land Acquisition Officers, the Awardees sought reference under Section 18. The Subordinate Courts of Ankapally and Chodavaram enhanced the Compensation in the reference proceedings. The process of acquisition had started in the year 1980 and the awards were passed by the Civil Court after lapse of 4 to 5 years. In the meantime another set of acquisition proposals for house sites for the poor was initiated by the Social Welfare Department and in that also the compensation was determined. The compensation which was determined by the Civil Courts was found to be too exorbitant, as compared to the compensation, determined by the Land Acquisition Officers and this attracted attention of the public spirited persons which led to serious criticisms. It came to the notice of the State Government in November, 1996 that several irregularities had been committed in the proceedings. The High Court was also apprised of the situation by the District Judge, Vishakhapatnam. Certain criminal prosecutions were launched. Before any action could be initiated in the matter, a part of the compensation amount had already been withdrawn and when the amount of Rs. 6.55 crores was deposited the Subordinate Judge, Chodavaram entertained a doubt as to whether the compensation has to be paid or not and then sought clarification from the District Judge, Visakhapatnam, who by his letter dated 9-12-1996 sought guidance from the High Court. In the said letter it was stated, inter alia, that in respect of the execution petitions relating to recovery of land compensation amount for the lands acquired for the Yeleru Left Main Canal, an amount of Rs. 6.55 crores has been deposited in the Court of Subordinate Judge, Chodavaram on 8-11-1996 by the Executive Engineer, Peddapuram Irrigation Division; that the decree holders filed petitions on 11-11-1996 for withdrawal of the said amount; that in the statement made by the Chief Minister published in newspapers on 8-12-1996 it was stated that the disbursement of the said amount was stayed; that after seeing that statement, the Subordinate Judge, Chodavaram informed the District Judge on phone that no evidence was produced before him on behalf of the State Government to show that any appeal has been filed against the Awards and stay has been obtained and that he was put in an embarrassing situation as the counsel for decree holders is pressing for issue of cheques.