VAJJA SHANTAMMA Vs. STATE OF AP REVENUE DEPT

JUDGEMENT

(1.) The petitioners were assigned various extents of land in Survey Nos.80, 81, 94 and 96, admeasuring Acs.12.21 guntas of Suraram Village, Paloncha Mandal, Khammam District vide proceedings, dated 20.12.1991. THEy claim to be in possession and enjoyment of land ever since then. Kothagudem THErmal Power Station (K.T.P.S.) wanted the land for expansion of its activities. Since the land was assigned in nature, no proceedings were initiated under the Land Acquisition Act, (for short 'the Act'). Possession thereof was taken by the respondents on 28.04.2004. THE grievance of the petitioners is that no ex gratia was paid for the land.

(2.) The Tahsildar, Paloncha, respondent No.4 herein, filed a counter-affidavit. He stated that petitioner Nos.1 and 2, the mother of petitioner Nos.3 and 4 and petitioner No.5 were assigned about Acs.3.00 of land each vide proceedings, dated 20.12.1991. He also admitted that the said land was taken over for the benefit of K.T.P.S. on 24.04.2002. However, it is stated that ex gratia was not paid to the petitioners on the ground that they were not found to be in possession of the land, when it was taken over.

(3.) The learned Government Pleader for Land Acquisition, on the other hand, submits that though the petitioners were assigned the land in question, they were not in possession when it was taken over. She contends that the fact that the petitioners were not in possession of the land was noticed when the survey was conducted for taking over the land.