SADDALA NANDI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition the petitioners seek a Writ of Mandamus declaring the action of the respondents in acquiring the lands belonging to them without following due process of law as arbitrary, illegal, unconstitutional and for a consequential direction to pass the award for payment of compensation in respect of their acquired lands situated in Mitnala village, Nandyal Mandal, Kurnool District.

(2.) The grievance of the petitioners is that their lands to an extent of 5.61 acres situated in Mitnala Village, Nandyal Mandal, Kurnool District were acquired for the purpose of construction of a tank by taking advance possession in the year 1991 without initiating any proceedings under the Land Acquisition Act. It is the further case of the petitioners that after possession was taken, they made several representations to initiate the proceedings under the provisions of Land Acquisition Act, but their representations were not considered and ultimately on their written representation dated 3-3-1993 a Notification under Sec. 4 (1) of the Land Acquisition Act, 1894 (for short 'the Act') was issued which was published in the A.P. Gazette on 28-10-1999, but so far no award has been passed by the respondents for payment of compensation in respect of their acquired lands though 10 years of time has elapsed from the date of taking possession of their lands. Hence, they filed the present writ petition seeking a direction to the respondents to pass an award and to pay the compensation in respect of their lands.

(3.) On behalf of the respondents, the Revenue Divisional Officer, Nandyal-5th respondent filed his counter-affidavit. In the counter-affidavit it is stated that the Executive Engineer, i.e., the 4th respondent herein, who is the requisitioning authority has been asked to provide the required funds to meet the Land Acquisition charges and P.V. proposals were also submitted to the Collector, Kurnool on 23-05-2001 for approval and soon after approval of the same and receipt of funds, 80% of the compensation amount with all statutory benefits permissible under the Act will be paid to the petitioners and other land owners after due enquiry under the provisions of the L.A. Act.