GANJI MOHAN Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner claims to be the owner of the land admeasuring Ac.0.18 gts. comprised in S.No.582/1/A situated at Shivareddyguda village, Ghatkesar Mandal, Ranga Reddy District. He was utilising the land for floriculture and raising Jasmin, Mogra, Rose gardens etc. His land is situated at Km 21/8-10 of Hyderabad - Hanamkonda near a bridge where the respondents proposed to construct a new bridge and a new road.He alleges that respondents approached him and after negotiations agreed to assign Ac. 0.37 gts. of Government land in lieu of Ac.0.18 guntas of land belonging to the petitioner which was proposed to be acquired for construction of a new bridge. He alleges that an agreement was entered into on 18.1.1990 to that effect. The necessary Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act) was published in Gazette on 20.12.1990. As proposed, new bridge was constructed, but the respondents did not give land in lieu of compensation as agreed. Therefore, he filed a writ petition, being W.P.No.2990 of 1991 before this Court.

(2.) While the matter was pending, it is alleged, the respondents handed over Ac.0.16 gts. of land instead of Ac.0.37 gts. of land in the year 1990. But, Ac.0.21 gts. of land was not delivered to him and no compensation was paid to the structures, flower bearing trees and other trees which were standing on the land when it was acquired. He alleges that he made several representations in vain requesting delivery of possession of balance of remaining Ac.0.21 gts. of land and also contended that he is entitled to compensation in a sum of Rs.23,29,000/- as on October, 1998 for a period of nine years. The respondents have not taken any action in spite of sending a number of representations. Therefore, he filed the writ petition complaining that the action of the respondents is illegal and arbitrary. He prayed for a declaration that the action of the respondents in not handing over possession of Ac.0.21 gts. of P.W.D. land adjacent to Hyderabad - Hanamkonda Highway at Km.21/8-20 as illegal and for a consequential direction to respondents to deliver possession of the said land.

(3.) Respondent Nos.3 and 4 have filed separate counter-affidavits.The third respondent, Executive Engineer, Roads & Buildings, Goshamahal, Hyderabad, in his counter affidavit stated that valuation of flower bearing trees has been assessed by the Director of Horticulture at Rs.23,908/- as on 22.7.1991 for Rose and Jasmine plants, and that for other flower plants like Kanakambaram, Jaji being small plants valuation cannot be assessed. The amount claimed by the petitioner is disputed as excessive and without any basis. It is further stated that the petitioner made a representation requesting Roads and Buildings Department to handover Ac.0.37 gts. of land on either side of the State Highway in lieu of his Ac.0.18 gts. of land. The Government agreed for exchange of the land and accordingly, Mandal Revenue Officer, Ghatkesar Mandal, handed over Ac.0.19 gts. of land on 18.5.1994 to the petitioner.