LAVUDI LAKYA Vs. SECRETARY TO GOVERNMENT OF A P IRRIGATION COMMAND AREA DEVELOPMENT DEPARTMENT HYDERABAD

JUDGEMENT

(1.) ORDER :This Writ Petition is filed by the 16 petitioners, seeking a Writ of Mandamus, to declare the action of the respondents in refusing to pay the compensation for their lands, totally admeasuring Ac.6.23 guntas, which was utilized for the public purpose of excavation of supplementary channel in O&M Division of Nagarjuna Sagar Project, as illegal, and seek directions to the respondents, to pay compensation for the lands effected for such excavation.

(2.) Few necessary facts for disposal of the Writ Petition are as under: The 16 petitioners, who are tribals, belonging to 'Lambada' community, were the owners and possessors of small extents of lands in Thungapahad Village of Miryalaguda Mandal, Nalgonda District. The extent of land owned by each of the petitioner ranges from 0.7 guntas to Ac. 1.10 guntas. It is their case that the respondents have excavated water channel from Amedipalli to Thungapahad to supply water to the tail end ayacut lands under the Nagarjuna Sagar Project canal during 1986-87. It is their case that the possession of the lands was taken with an assurance for payment of compensation. As the respondents did not respond for payment of compensation, series of representations were made and ultimately to their last representation dated 14-11-1998, the third respondent has responded by issuing letter No.DB/D2/P.I/ 1138 SE, dated 29-12-1998 rejecting the request for payment of compensation stating that there was oral consent given by the petitioners to part with their lands, without claiming compensation. It is also stated that as much as there were no objections for excavation, the canal deemed to have been excavated with their consent. Thereafter a legal notice is issued on behalf of the petitioners in which they have stated that there is no such oral consent at any point of time and it is also stated that they are small farmers and illiterates and they cannot be deprived of property in violation of their constitutional rights. As much as no further action has been taken, after the respondents have rejected the claim of the petitioners through proceedings dated 29-12-1998, they filed this present Writ Petition on 23-4-1999 seeking Writ of Mandamus to issue appropriate directions to the respondents for payment of compensation for their acquired lands, which they are deprived for utilization of public purpose for excavation of channel.

(3.) Counter-affidavit is filed on behalf of the respondents without disputing the ownership of the petitioners and utilization of their property for excavation of channel. It is stated in the counter-affidavit that the channel was excavated through the lands of the petitioners and the petitioners have given their oral consent to part with their lands, as they are beneficiaries of such channel. The respondents have taken assistance under the provisions of Section 23 of the A.P. (Telangana Area) Irrigation Act, 1357 Fasli and stated that no compensation is payable as per the said provision. Mainly the claim of the petitioners is resisted on the ground that there is delay and laches on the part of the petitioners in approaching this Court claiming the compensation and as such, they are not entitled for any relief from this Court in a petition under Article 226 of the Constitution of India.