T NADIPI SUNKANNA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) A score of the Petitioners in the case are residents of Alaganur Village of Midthur Mandal in Kurnool District. They claim that they or their predecessors occupied Government land for the purpose of cultivation more than 3 to 6 decades ago. The land in their occupation and other lands were acquired/taken over/resumed for construction of Alaganur Balancing Reservoir (ABR). It appears that in the process of acquiring the land for ABR, the Revenue officials faced stiff objections from the Petitioners and the likes. The ryots made representation for settlement of issue of payment of exgratia for their land. The District Collector considered the issue and sent proposals to the second Respondent, who in turn recommended to the Government for payment of exgratia in terms of G.O. Ms. No. 1307, dated 23.12.1993, to the occupants who had been granted D-Form pattas. Insofar as non-D-Form patta holders are concerned, the second Respondent recommended for regularization of their occupation for issue of D-Form pattas for the purpose of payment of exgratia in terms of G.O. Ms. No. 1307. The first Respondent then issued orders in G.O. Ms. No. 639, dated 29.9.2001 for payment of exgratia to different categories of occupants. The effective portion of the said G.O. reads as under.

(2.) The Petitioners allege that in terms of the G.O., the Respondents did not take necessary action although the names of the Petitioners were shown in 10(1) Village accounts. While contending that the Government ought to have acquired the land in accordance with the provisions of the Land Acquisition Act, 1894 (the Act), the Petitioners filed the instant writ petition claiming that they ought to have been treated on par with Category-A ryots for payment of compensation. In this writ petition, they seek a writ of Mandamus declaring the action of Respondents in taking possession of their land without following provisions of the Act and paying exgratia without solatium by treating as the ryots under Category-B of G.O. Ms. No. 639 as illegal and arbitrary, and for a consequential direction to acquire their lands by paying exgratia in terms of the said G.O.

(3.) The third Respondent filed counter affidavit on behalf of the Respondents. It is stated that while implementing ABR project some ryots represented for compensation. As there was difficulty in identifying genuine assignees, the third Respondent ordered field verification. Accordingly the staff of the offices of the Revenue Divisional Officer and the Mandal Revenue Officer conducted Grama Sabhas in Alaganur, inspected the revenue records and the lands and after considering the objections prepared a list of eligible persons for payment of exgratia. As the Petitioners' lands are covered in Category-B, they were paid an amount of 30,000/- per acre towards exgratia. As they were not having D-Form pattas, their lands cannot be treated as falling under Category-A.