BOLLA BABU PRASAD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition is filed by the petitioners for a writ of mandamus declaring the action of the respondents in not paying the compensation for their lands acquired for laying road from Vatsavai to Cheviticallu of Krishna District, as arbitrary, illegal and against the principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to pay the compensation to the petitioners for their lands acquired respectively in Thalluru village, Vatsavai Mandal, Krishna District and pass such other suitable orders.

(2.) It is stated that the writ petitioners were small marginal farmers and owners of the lands, the details had been furnished in the affidavit filed in support of the writ petition. It is further stated that about twenty years back the respondents had taken possession of these lands for laying the roads from Vatsavai to Cheviticallu of Krishna District and after laying the road, the said road was put to use and RTC buses etc., are being plied on the said road. It is further stated that though the writ petitioners had approached the respondents on several occasions, no compensation was paid to them in relation to the said lands and hence, a legal notice, dated 29-1-1998, was issued by them to respondent Nos. 2 to 6 calling upon them to pay compensation. But, however, there is no further action in this regard.

(3.) In the counter-affidavit filed on behalf of fourth respondent, it is stated that it is a fact that the lands of writ petitioners were taken possession long back by R&B Department and no compensation was paid to them so far. It is further stated that the possession of lands were given by the ryots directly to the Requisitioning Department and the Land Acquisition Officer and Sub-Collector, Vijayawada cannot be held responsible for the payment of compensation to the land loosers, as no funds were received so far from the Requisitioning Department to initiate Land Acquisition proceedings in this case. It is also further admitted that the lands were taken possession twenty years back and road was formed by R&B Department immediately. However, it is stated that it is not known whether compensation was paid to the landowners or not. The land plans and schedules were received in the year 1990 and action is being taken to pass award in this land acquisition case. The Requisitioning Department is not providing funds to take immediate action inspite of several requests made from the Office of the Sub-Collector, Vijayawada as well as from the Distinct Collector's Office, Krishna at Machilipatnam and the receipt of legal notice is also admitted. But, however, stated that the Requisitioning Department is not providing funds even the publication charges inspite of several requests made from the said office and hence, the Land Acquisition Officer -Sub-Collector, Vijayawada is not responsible for any inaction on the part of the Requisitioning Department.