(1.) In 1993 there was a breach of tank bund of Bhupanapadu Minor Irrigation tank, in Panyam Mandal of Kurnool District of Andhra Pradesh. As there was an emergency to fill up the breach to prevent further damage, the petitioners' land admeasuring Acs. 8.68 in S.Nos. 423, 426, 432, 433, 434 and 435 of Neravada village was utilized and the breach was repaired. The petitioners, who claim to be small and marginal farmers are before this Court alleging that though the respondents took possession of the land on 11-10-1994, no compensation has so far been paid. They placed reliance on a communication dated 9-7-2000 sent by the Revenue Divisional Officer, Nandyal to the Executive Engineer, Minor Irrigation Works, requesting the latter to provide an amount of Rs. 4,67,622/- to meet the land acquisition charges. As the respondents failed to complete the necessary formalities under the Land Acquisition Act, 1894 (for short, the Act), the petitioners are before this Court praying for a writ of mandamus directing the respondents to pay the market value at Rs. 2.00 lakhs per acre for wet land and at the rate of Rs. 1.00 lakh per acre for dry land.
(2.) This Court issued Notice before admission. After receiving notices, the Chief Engineer, Minor Irrigation Department entered appearance through the learned Government Pleader for Irrigation. When the matter was listed on 18-3-2002 the learned Government Pleader submitted that there was discrepancy with regard to exact extent of the land utilized for filling up of breach of Bhupanapadu Minor Irrigation Tank and therefore there was delay in acquiring the land. He also submitted, on instructions, that necessary steps are being taken for initiating and completing land acquisition proceedings. He also stated that the land acquisition proceedings will be completed within a period of six months.
(3.) On 18-3-2002 having regard to the submissions made by the learned Government Pleader, this Court disposed of the matter recording the submissions of the learned Government Pleader to the effect that the land acquisition proceedings will be completed within a period of six months. After dictation of the order, learned Counsel for the petitioner Sri E. Ayyapu Reddy appeared and submitted that the petitioners are claiming compensation for violation of their fundamental right and therefore the matter be heard on that question. The matter was directed to be listed 'for being mentioned' and the learned Additional Advocate General was requested to assist the Court. The matter was heard at length on the question whether the respondents are liable to pay compensation to the petitioners for depriving them of enjoyment of land and denying timely compensation. This Court places on record its appreciation for the assistance rendered by the learned Additional Advocate General Sri K. Prakash Reddy.
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