P SUBRAHMANYAM CHETTY Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition amply demonstrates the indifferent attitude of the welfare State/ respondent officials in depriving the land owners of their livelihood and not paying the compensation leaving them to their fate even after 20 years of taking possesstion of their lands.

(2.) It is not in dispute that the lands of the petitioners were taken possession by the respondents on 29-10-1980 though a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") was published in A.P. Gazette on 29-8-1986 an award could not be passed for want of funds made available by the requisitioning department.

(3.) The third respondent filed a counter- affidavit stating that he addressed a letter to the Superintending Engineer, Irrigation. Circle, Chittoor for allotment of necessary funds for the purpose of payment of compensation and requested to deposit a sum of Rs.37.50 lakhs towards compensation payable to the land losers of Kalathuru and K.V.B.Pura villages. The Superintending Engineer, Irrigation Circle, in turn addressed a letter on 6-11-2000 to the Chief Engineer, Irrigation for sanction of an amount of Rs.37.50 lakhs being the amount payable to the land losers for payment of compensation for the lands already acquired for excavation of distributory channel so as to enable the third respondent to deposit the said amount with the Land Acquisition Officer for enabling him to pass an award. Since the award could not be passed in accordance with Section 11-A of the Act, proceedings initiated on 29-8-1986 have been lapsed and necessary action will be taken to pay compensation to the land losers by initiating fresh land acquisition proposals and the same will be issued as soon as funds are received from the Government.