T. PRADYUMNA RAO, Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition is filed questioning the action of the respondents in not finalizing the enquiry alleged to have been initiated based on the complaint given by certain third parties with respect to the tampering of revenue records of Cherlopalle Village, Owk Mandal, Kurnool District, which concerned the lands those acquired under Award No.6/93-94, dtd. 23/8/1993 and releasing compensation to the petitioners in terms thereof as illegal, arbitrary and unconstitutional.

(2.) (a) Petitioners lands were acquired for the purpose of constructing Barrow Area in Thimmaraju Tank Bund for Owk Valley Complex under S.R.B.C. from KM 115.584 to 119.500. The 3rd respondent - Land Acquisition Officer has, after conducting due enquiry, passed Award No.6/93-94, dtd. 23/8/1993 determining the compensation for the lands acquired. Under the aforesaid Award, the lands have been categorized as Category - I and II and compensation was fixed as Rs.20,000.00 and Rs.24,000.00 per acre respectively. 1st petitioner and 8th petitioner have sought reference of their cases to competent Court as they were aggrieved by the determination of compensation and the same were numbered as O.P. Nos.43/99 and 19/99 respectively and were taken up along with other references made by similarly situated land owners and the court below has enhanced the compensation for both Category - I and Category - II lands uniformly for Rs.46,000.00 per acre. The Land Acquisition Officer preferred LAAS Nos.3416 and 2918 of 2004. Along with other connected appeals, this Court dismissed the same by common order dtd. 9/2/2007 and confirmed the orders of Reference Court enhancing and fixing the compensation as Rs.46,000.00 per acre. Other petitioners though have not sought reference, subsequent to the order of reference Court have made applications under Sec. 28-A of the Land Acquisition Act seeking to determine or extend the benefit as provided under Reference Court by paying compensation at the rate of Rs.46,000.00 per acre.

(3.) (a) Counter has been filed by respondents stating that an extent of Acres 296.05 cents in Survey No.63/1A etc., of Cherlopalle Village of Owk Mandal, Kurnool District, was acquired by 3rd respondent for the purpose of improvements to Thimmaraju Tank Bund and Award No.6/93-94, dtd. 23/8/1993 was passed determining the compensation. The aforesaid compensation determined was to be paid to all 65 awardees. Some of them have sought reference and the Reference Court has by order dtd. 26/3/2004 in O.P. Nos.45/99 and batch, in all 12 cases, enhanced the compensation to Rs.46,000.00 per acre and the same has been confirmed by the Hon'ble High Court.