CH RAJASEKHARA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) 1 Both the Writ Petitions are clubbed and disposed of under common order. W.P.No.1 6036/92;

(2.) The Writ Petition is filed seeking declaration that the action of the 2nd respondent in not passing the Award in respect of 5000 feet pipeline in S.Nos. 297/2 and 298 /2 of Penubarthi village, Rapur Mandal, Nellore District as illegal and arbitrary and for consequential direction to pass an award, fixing the compensation in respect of the pipeline in respect of the estimation submitted by the 3rd respondent on 15-2-1992.

(3.) The case of the petitioner is that the entire village of Penubarthi was acquired by the Government for fore shore submersion of Kandaleru Reservoir of Telugu Ganga Project. Notification was issued under Section 4(1) of the Land Acquisition Act on 22-10-1990 and the possession was also taken. As far as the petitioner is concerned an extent of Ac.4-82 cents were acquired under the notification. The Land Acquisition Officer passed award in respect of the compensation of the land acquired. The petitioner aggrieved by the said fixation of the said compensation, appears to have filed application for reference and the matter is now pending before the Civil Court. However, the grievance of the petitioner is that he laid a pipeline of 5000 feet length for supply of the water to the lands in S.Nos. 297 and 298. A well was dug in S.No. 340 where the motor was installed and the pipeline was laid in the other survey numbers. Though a claim was made before the Land Acquisition Officer for payment of the cost of the pipeline, the Land Acquisition Officer did not refer the claim and only passed Award in respect of the lands acquired. Therefore, the petitioner made representation to the Land Acquisition Officer and other connected authorities to fix the compensation in respect of the pipeline since it was submerged in the reservoir. It is the case of the petitioner that necessary estimates were also prepared by the 3rd respondent on 15-2-1992 for fixing the compensation. But, however, no action has been taken to pay the compensation in respect of the pipeline.