S A ARULAIAH Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) In this case the petitioner seeks a Writ of Mandamus, directing the respondents to apply the provisions of Land Acquisition Act and pay compensation to the petitioner in respect of the petitioner's land measuring about 50 acres in Sy. Nos.1160/A-2 and 1160/A-3 situated at Nandaluru village Nandaluru Mandal, Cuddapah District.

(2.) The learned Counsel for the petitioner Mr. Y. Krishna Reddy, submits that the petitioner is the Bishop of Cuddapah Diocese Mariapuram Cuddapah District, and that the Rayalaseema Benevolent Society, Nandaluru is a part and parcel of Cuddapah Diocese of which the petitioner is the Bishop, and it is under his control and supervision. It is submitted that the land measuring about Ac.25.OOinSurveyNo.1162/A2 and Ac.25.OOinSurveyNo.1160/A3 situatedat Nandalur village, Rajampet taluk, Cuddapah District, has been alienated by the Government in G.O.Ms. No.179, (Revenue 'Q' Department) dated 6th February, 1981 in favour of the President, Rayalaseema Benovelent Society, Nandalur village for establishing an independent Boys and Girls Residential School for Scheduled Castes, Scheduled Tribes, Orphans and Distitutes on payment of market value at the rate of Rs.200/- per acre and subject to payment of S.D. fees, Demarcation charges S.V. and tree value and Land Revenue and also subject to usual conditions of alienation agreed to by the alienee. In pursuance of the Government Orders and after payment of the consideration, the possession of the land was given to the Rayalaseema Benevolent Society, Nandalur on 22-1-1982. It is stated that this is a very big multipurpose project which requires considerable time, money and trained personnel. At the time when the land was handed over to the Society it was full of stones, bushes and thomey shurbs etc. It is stated that the society developed the land and a shed was constructed and Cytrus plants were planted about 4 years back and the plants were being supplied water through bore well and diesel pump set.

(3.) Subsequently the petitioner received a show-cause notice dated 14-8-1986 from the 3rd respondent to show-cause as to why the alienation should not be cancelled forviolation of condition of alienation taken over by the Government. The petitioner submitted his explanation to the said show-cause notice stating that they have not violated the conditions of alienation and they are the absolute owners of the property. The third respondent on receipt of the explanation submitted by the petitioner held that the society has not fulfilled the condition of alienation even after five years and as the entire land was kept vacant without any improvement worth mentioning except construction of a shed and raising of some cytrus plants which are tender and aged about three years. It is further held that it is beyond doubt from the explanation of the petitioner, the Mandal Revenue Officer, Nandalur and from the inspection of the lands that the alienee has violated all the conditions of alienation for which the land was alienated. It is also stated that the 3rd respondent's enquiry with the personnel of the Rayalaseema Benevolent Society, Nandalur, reveals that they have no funds. As per B.S.O.24-6(2), for an infringement of all the conditions of alienation, the lands covered under G.O.Ms. No.179, Revenue (Q) Department, dated 6-2-1981, alienated in favour of the President, Rayalaseema Benovelent Society, Nandalur, are resumed by Government without payment of compensation. Later, the Government paid an amount of Rs.1,01,787-00 Ps. to the petitioner towards improvemental charges of the resumed land.