NARENDRA VEERABHADRA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, which is a religious institution left hapless by the utter negligence on the part of the respondents in completing the land acquisition proceedings and paying compensation, knocked at the doors of this Court to render justice.

(2.) The facts which are not in dispute are that respondent Nos.1 to 3 have proposed to acquire an extent of Acs.3.74 cents in R.S.Nos.239/2, 34, 297/3 and 208/1 &2 of Nangegadda Village, Nagayalanka Mandal, Krishna District belonging to the petitioner for providing house sites to the weaker sections of the society. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was issued on 01.03.1996. An award enquiry was held on 27.03.1996. Possession of the land was taken on 10.04.1996 and the pattas were issued to the eligible beneficiaries on 03.07.1996. Since then, no further steps have been taken by the respondents for passing the award and paying compensation to the petitioner. The petitioner has, therefore, filed this writ petition for a mandamus to direct respondent Nos.1 to 3 to pay market value of the property as on date and the consequential benefits under the provisions of the Act.

(3.) Respondent No.3 filed a counter affidavit, wherein the above-mentioned facts have not been disputed. However, it is pleaded that one B.Bhyragi and others filed W.P.No.9106 of 1996 in this Court and obtained interim order and that the said writ petition was dismissed on 05.10.2005 with the direction to the respondents to take further action by duly following the procedure prescribed under G.O.Ms.No.456, Revenue (Endowments) Department, dated 29.09.1995. It is further stated that in W.P.No.22266 of 1996, this Court has granted interim order and that as advance possession was taken on 10.04.1996, the founder family requested the respondents to pass award as per the provisions of the Act as amended by Act 68 of 1984 and for payment of 80% of compensation as per Section 17(3A) of the Act. That as the land in question belongs to the Endowments Department, the market value has to be fixed by the State Level Committee constituted for this purpose, that the market value proposals were submitted to the Collector, Krishna, on 17.02.1997 and that the Collector in turn submitted proposals to the Commissioner, Land Revenue in reference, dated 15.03.1997. It is further stated that the order fixing the market value of the land is yet to be received from the Office of the Commissioner, Land Revenue.