T H RAJESHWAR RAO Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) The instant writ petition is by one T.H. Rajeswara Rao seeking a direction to the first Respondent i.e. the Land Acquisition Officer (LAO) to pay compensation for the land admeasuring Acs.0.08 guntas 24 Sq. yards in S. No. 246 situated at Ankushapur village, Ghatkesar Mandal in Ranga Reddy District, or in the alternative to allot the same extent of land to the Petitioner.

(2.) The Petitioner allegedly purchased the subject land from Padamati Balreddy under a registered sale deed dated 10.7.1986 being document No. 3252 and about twelve years thereafter on 16.7.1998 obtained pattadar pass book and title deed (PPB). It is the case of the Petitioner that on 25.10.2000 he applied to the Gram Panchayat seeking building permission. While the same was pending he commenced excavation work on 21.5.2001 for construction of compound wall. He alleges that the officials of the Hindustan Petroleum Corporation Limited (HPCL - the third Respondent) objected for the excavation. The Petitioner then filed O.S. No. 358 of 2001 on the file of the Court of the Junior Civil Judge, East & North, Ranga Reddy District against the third Respondent for permanent injunction. He also obtained interim orders. In the written statement filed by the HPCL, it was revealed that the land was acquired at their instance vide proceedings dated 16.6.2000. After coming to know the same, the Petitioner made enquiries. The land was proposed for acquisition and a notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act) was issued on 27.3.2000; the notification was published in two local Newspapers, namely, "Pledge" and "Bhagyanagar" and in all the notifications the name of the Petitioner, which was already mutated, was not shown; and therefore, the acquisition without notice to the Petitioner is illegal. The Petitioner also learnt that the compensation amount was paid to his vendor, P. Balreddy.

(3.) The first Respondent filed counter affidavit. The land was proposed for acquisition to HPCL for the purpose of laying underground pipeline from Vijayawada to Secunderabad. The notification under Section 4(1) of the Act was gazetted on 27.3.2000; declaration under Section 6 of the Act was published in the Gazette on 04.4.2000; the notices were issued under Sections 9(1), 9(3) and 10 of the Act; and the award was passed on 23.11.2000. The writ petition is filed on 13.11.2003 after lapse of 3 years. As the compensation amount was already paid to the owner of the land, the Petitioner's remedy is to approach the Civil Court. It is the further case of the first Respondent that as per the Pahani 1996-1997, M/s. M. Yadi Reddy, P. Balreddy and Workers Society (occupier J. Azarajah) were shown to be pattadars and possessors and the name of the Petitioner was not found as owner. Even though the wide publicity by public notification under Section 4(1) of the Act, declaration under Section 6 of the Act and notices under Sections 9(1), 9(3) and 10 of the Act were issued, the Petitioner did not file any claim or raise any objection. Smt. J. Shobha 8B Naveen Goud claimed compensation for Acs.0.05 guntas; P. Venkat Reddy claimed Acs.0.05 guntas; and Fellowship of Professional Workers claimed Acs.0.10 guntas. At their instance, the matter was referred under Section 18 of the Act being O.P. No. 388 of 2001 on the file of the Court of the I Additional District Judge, Ranga Reddy District. The Petitioner is aware of the same, but did not choose to file application to get impleaded in the O.P. The second Respondent also filed counter affidavit supporting the first Respondent.