DIRECTOR RURAL DEVELOPMENT VIKARABAD Vs. DEPUTY SECRETARY TO GOVERNMENT OF A P TRANSPORT ROADS AND BUILDINGS DEPARTMENT

JUDGEMENT

(1.) The petitioners prayed for an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in denotifying the lands bearing 8.No. 29 measuring Ac. 0-33 cents, S.No. 39 measuring Ac. 1-26 cents, totally measuring Ac. 1 -59 cents of dry in Vikarabad Village and Mandal, Ranga Reddy District as illegal, without jurisdiction and consequently quash the memo dated 23-12-1993 published in A.P. Gazette on 10-1-1994 and direct the respondents to renotify and pay compensation as per the provisions of the Land Acquisition Act, 1894 and pass such other suitable orders.

(2.) The case of the petitioners is that theyare the absolute owners of the lands in S.No. 29 measuring Ac. 0-33 cents, S.No. 34 measuring Ac. 0-11 cents and S.No. 39 measuring Ac. 1-26 cents, in all measuring Ac. 1-70 cents of dry in Vikarabad village and Mandal, Ranga Reddy District and they were in possession of the said lands for more than 50 years and there are houses and structures also in S.Nos. 29 and 34 and the 2nd petitioner is running a hospital in the name of Crawford Hospital. It is also stated that the petitioners were in possession of the said lands and the respondents initiated proceedings under the Land Acquisition Act, 1894 (hereinafter in short referred to as "Act" for the purpose of convenience) for acquiring an extent of Ac. 1-70 cents in S.Nos. 29, 34 and 39 for the purpose of construction of approach road to road over bridge at Vikarabad. Accordingly notification under Section 4(1) of the Act was issued on 15-1-1990 and the same was published in the A.P. Gazette G.O.Rt.No. 58. It is also specifically averred that in pursuance of the said notification the respondents had taken possession of the said lands on 8-1-1993 and laid a road. The petitioners challenged the said acquisition proceedings in W.P.No. 1007/93 and initially the Writ Petition was admitted and an order of status quo was granted but subsequent thereto the same was vacated and the respondents were directed to pay compensation in respect of Ac. 0-11 cents of land in S.No. 34 and in respect of the other lands suitable directions were issued to the authorities to decide the title. It is also stated that despite the said order the respondents had not deposited any compensation in respect of Ac.0-11 cents of land also. After disposal of the Writ Petition, the respondents, instead of passing award and referring the matter under Section 30 of the Act for adjudication of title issued a memo No. 1657/R-II-2/93-2 dated 23-12-1993 withdrawing the acquisition proceedings with respect to S.Nos. 29 and 39 measuring Ac. 0-33 cents and Ac. 1-26 cents respectively, totally admeasuring Ac. 1-59 cents, exercising powers under Section 48 of the Act which had been published in A.P. Gazette on 10-1-1994.

(3.) It is also stated that the respondents had set up a claim on the ground that these lands are Government lands and the petitioners are encroachers and land grabbers and filed O.P.No. 444/88 before the A.P. Land Grabbing (Prohibition) Tribunal-cum-District Judge, Ranga Reddy in relation to S.No.39 claiming that the petitioners are land grabbers. The Tribunal by the Judgment dated 4-12-1995 held that the Government failed to show even prima facie title to the land and accordingly dismissed the said O.P. Appeal L.G.A. No. 20/96 was filed before the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad and the same was dismissed on 19-2-1997. It is also stated that inasmuch as the proceedings filed by the Government were pending before the Tribunal and Appeal L.G.A.No. 20/96 was dismissed on 19-2-1997 only as advised the writ petitioners had challenged the impugned proceedings in the present Writ Petition in the year 1997.