BUKKA GANGI NAIK Vs. SFATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a pattedar of an extent of Ac.7.44 cents of wet agricultural land comprised in Sy. No.l574/4-B in Dorigallu village, Mudigubba Mandal, Penukonda Revenue Division, Anantapur District. The respondents-authorities have taken possession to an extent of Ac.0.54 cents of the said land for the purpose of formation of 80 Feet wide road from Mudigubba to Mddileru Dam site. It is the case of the petitioner that he received only notice under Section 9 (3) and 10 of the Land Acquisition Act, 1894, (for short 'the Act'), and he is not aware of any proceedings under the Act. It is stated that the petitioner was not served with the copy of the award passed under Section 11 of the Act.

(2.) On 28-2-1998 the 4th respondent Mandal Revenue Officer, Mudigubba Mandal, paid a sum of Rs.22,453.00 towards compensation. It is stated that as the value of the land is not less than Rs. 1,00,000.00 per acre, the petitioner protested to the said amount of compensation. However, the 4th respondent promised to refer his protest under Section 18 of the Act and obtained thumb impression of the petitioner and paid the amount of compensation. It is represented that the petitioner made an application on 10-3-1998 to refer the matter to the competent civil Court. Subsequently, the petitioner made representation to the 3rd respondent in the year 1999 and again on 13-3-2000 with a request to refer the matter under Section 18 of the Act to a competent civil Court. Since his request was not considered the petitioner got issued a legal notice dated 10-7-2000. It is averred that the right of the 1st respondent to acquire personal property under the Act is coupled with the corresponding duty and obligation to pay reasonable compensation and as no reference was made to the civil Court for enhancement of the compensation, the same is violation of Article 300-A of the Constitution of India. It is also stated that the respondents have taken advantage of illiteracy of the petitioner and not referred the matter under Section 18 of the Act to the competent civil Court.

(3.) The respondents filed a counter- affidavit stating that the land in Sy. No.l574-4-B measuring an extent of Ac.0.54 cents of Dorigallu village was acquired vide award No.47/97-98 dated 27-11-1997. It is also stated that the notice under Sections 9(1) and (3) and 10 of the Act were issued and sent for publication directing the land owners to appear for award enquiry on 20-9-1997 at Sub-Collector's Office, Penukonda. The notices were published on the conspicuous places and served on the awardees on 4-9-1997.