CHINAMATLA VENKATA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Chinamatla Venkata Subbamma and 6 others filed this petition under Article 226 of the Constitution of India to issue an appropriate order, writ or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.1 to 4 in not paying the compensation/ex gratia to the petitioners for the land acquired by the respondents for Somasila Project Y.S.R.Kadapa District is illegal and arbitrary, consequently direct the respondents to take steps to implement the memo of respondent No.1 dtd. 23/1/2020 for payment of compensation to the land situated in Rangampally village, Atluru Mandal, Y.S.R. Kadapa District in Sy.No.1/1 an extent of Ac.2.02 cents belongs to petitioner No.1, Sy.No.4/1 an extent of Ac.1.82 cents belongs to petitioner No.2, Sy.No.29/1 an extent of Ac.0.41 belongs to petitioner No.3, Sy.No.29/2 an extent of Ac.0.65 cents belongs to petitioner No.4, Sy.No.29/3 an extent of Ac.0.38 cents belongs to petitioner No.5, Sy.No.29/4 an extent of Ac.1.10 cents and Sy.No.29/5 an extent of Ac.0.26 cents belongs to petitioner No.6, Sy.No.29/6(A) an extent of Ac.1.09 cents belongs to petitioner No.7 and also consider the representation dtd. 16/9/2019 in the interest of justice.

(2.) The factual matrix of the case of the petitioners is that Rangampally village of Atlur Mandal is one among the sub-merged villages under foreshore water of Somasila Project. The petitioners own land in the said village. The details of the land are shown in the table hereunder:

(3.) The petitioners are making representation to the respondents since long time i.e. 2/1/2011 with a request to acquire the land of the petitioners as the major part of land in the village was already acquired in the year 1992 itself and passed Awards for payment of compensation to the owners of the land; that the petitioners are not in a position to enter into their land; it is impossible to cultivate their land and the same is kept idle without raising any seasonal crop and regular paddy; further informed that the back water of the reservoir surrounded on all the three sides of this village and on the other side a hill and forest are located, as such there is no road connectivity to their village, and that due to back waters, the communication would cut-off to the village, if, water is stored up to FRL of Somasila Project, the village has no electricity supply nor protected water supply. In view of the same the petitioners were forced to go to other village to settle down. The petitioners are living by doing cooli work on daily wage basis and they lost their livelihood on account of storage of back water of Somasila project, in their land.