GADDAM NAGI REDDY Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) This Writ petition has been filed seeking for writ of mandamus to direct the respondents 1 & 2 to stop all the excavation works in the petitioners' lands shown in the schedule to the writ petition or in the alternative to pay forthwith 80% of the compensation for the value of the lands inclusive of standing crop of the land with interest at 18% from 25-12-1991 the date on which possession of the lands was taken over and crops were bulldozed.

(2.) I ordered notice before admission on 3-3-1992. Thereafter the responndents represented by the. Government Pleaded for Land Acquisition have filed counters and produced the records. In the course of arguments the learned counsel for the petitioners pressed for the alternative relief sought for in the writ petition.

(3.) The petitioners who are ryots having lands of an extent of about Ac.49.00 in S.Nos.34, 36 etc., at Venkatapuram Village, Banaganapalli Mandal, Kurnool District complain that the possession of the lands were taken over for the purpose of excavation of S.R.B.C. main canal without making an award and without payment of compensation as required by Section 17(3) and (3-A) of the Land Acquisition Act. The case of the petitioners is that there was standing crop on the land viz., Tobacco, Jowar, Redgram etc., in the month of December, 1991 and for the purpose of urgent execution of work the Contractor bulldozed the lands along with the standing crop from 25-12-1991 onwards. However, the compensation either for the crops or for the lands had not been paid. It is submitted that at the instance of the second respondent, the Agricultural Officer (T & V) Bhanumukkala assessed the value of the crop and sent up his report on 16-12-1991, but no steps have been taken to reimburse the value of the standing crops damaged.