NARAYAN REDDY Y Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ petitions are filed seeking a writ of mandamus directing the respondents to pay 80% of the compensation declaring that the respondents are legally obliged and bound to pay 80% of the compensation to the petitioners under Section 17(3-A) of the Land Acquisition Act. (In short 'the Act).

(2.) The brief facts of the case are that an extent of Acs.892-11 /2 guntas of land situated at Akkampalli, Duggiyal, Angadipet and Pedda Adisarlapalli in P.A. Palli Mandal of Nalgonda District was the subject-matter of proceedings under the Act. Notification under Section 4(1)of the Act was published in the gazettes ondifferentdatesviz.,24-6-1989,ll-10-1989,2-12-1989,etc. Declarations under Section 6 of the Act were also issued simultaneously. Urgency clause under Section 17(1) of the Act was invoked. It is stated that possession was also taken by the State Government on different dates viz., 18-9-1989,6-1-1990,9-1-1990, 11-1-1990,2-2-1990 and 27-2-1990. It is stated in the affidavits filed in support of the writ petitions that the possession was also handed over to the requisitioning authority on different dates viz., 19-9-1989,6-1-1990,9-1-1990, 11-1-1990,2-2-1990 and 27-2-1990. According to the petitioners, in an extent of Acs.90-00, huge pits were dug making the land unfit for cultivation and in other area, acts of possession were also alleged. The acquisition was for the purpose of construction of Earth Dam of Akkampalli Balancing Reservoir from KM 2-000 to 4-974 and also for Srisailam Left Bank Akkampalli Balancing Reservoir for barrow area and earth bund from KM 0.000 to KM 2.000, etc.

(3.) It is contended that the authorities drew funds to a tune of Rs.43 lakhs for the purpose of complying with the provisions of Section 17(3A) of the Act for the purpose of paying 80% of the compensation, which the respondents are statutorily obliged to pay. Since the respondents have not taken any steps in that regard viz., regarding the payment of 80% of the compensation, these writ petitions have been filed seeking a direction to the respondents to pay 80% of the compensation as provided for Under Section 17(3A) of the Act.