REDLA BRAMHA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Writ Petitioners (Five (5) in number) approached this Court contending that despite the fact that there are houses/structures in Survey No.339/2 (Reach No.14) of Malinenipatnam Village, Atluru Mandal, Cuddapah District, and having been acquired for the purpose of Somasila Project, they have not been paid compensation for the structures. It is also the contention of the Writ Petitioners that they have been paid compensation for the land under acquisition and they have been deprived of the due compensation for the structures therein.

(2.) The contention of the Official Respondents is that the structures were not present, and therefore, they are not obligated to pay any compensation for the alleged structures. During the course of hearing, by Order dtd. 23/9/2022, this Court had directed the Official Respondents to place on record the Joint Inspection Report; for, in the opinion of the Court, the said Report may clinch the issue. Today, Ms.V.Padmaja, Learned Counsel, appearing for the Official Respondents has placed on record the Joint Inspection Report, dtd. 26/11/1995 bearing Rc.No.D2/D3/E5/329M. These Proceedings are communicated by the Executive Engineer to the Special Deputy Collector (Land Acquisition). The Proceedings indicate that the said Executive Engineer was directed to conduct a Joint Inspection regarding the left over five structures which existed in Survey No.339/2 relating to Reach No.14 of Malinenipatnam Village of Atluru Mandal which are pending for payment of compensation as per the Rules in force.

(3.) The facts in this case, shorn of other details, are that on 18/5/1992, the Official Respondents have issued Notification under Sec. 4(1) of the Land Acquisition Act, 1894 (The Act); the proposed acquisition was for the construction of Somasila Project which also included other ancillary projects such as Sagileru River Project; that both these ancillary projects are part of the larger Project called Telugu Ganga Project; that on 4/9/1995, the Competent Authority had passed the Award; that to the surprise of the Writ Petitioners, the said Award did not include compensation for the structures in the acquired area that belongs to the present Writ Petitioners; that having been aggrieved of nonpayment of the compensation for the structures that existed on the land acquired, the Writ Petitioners have submitted Representations dtd. 8/7/1999, 6/1/2003, 20/3/2005, 10/3/2008 and 6/1/2013.