M VENKATAPRASAD Vs. DISTRICT COLLECTOR GUNTUR

JUDGEMENT

(1.) Initially this writpetition was filed by Mr. M. Venkata Prasad son of Late M. Venkat Rao, whose land to an extent of Ac.3:00 cents in Survey No.510 of Guntur Town was acquired under the provisions of the Land Action Act (herein after referred as 'the Act') for providing house sites to weeker sections way back on 02-01-1982, seeking a writ of mandamus directing the respondents either to restore the possession ofthe land belonging to him or to pay the compensation at a rate of Rs. 1,45,000/- per acre with attendant benefits as per the judgment of this Court in WritPetition No.566/90, dated 21 -02-1994.

(2.) During the pendency of the writ petition the legal heirs of Late S. Nageswara Rao, whose land to an extent of Ac.2:74 cents was acquired along with the lands of Mr. Venkata Prasad and who was also a petitioner in the earlier writ petition filed W.P.M.P.No. 18962/96, seeking permission of the Court to come on record as Petitioner Nos.2 to 8 in the above writpetition, as they are also seeking the same relief. As the lands of both Mr. Venkata Prasad and Mr. Nageswara Rao were acquired under the same notification, I feel it appropriate to allow the W.P.M.P. and permit them to come on record as petitioners No.2 to 8.

(3.) The claim of the petitioners was opposed by the Government, more so with regard to the Petitioner No. 1 by contending that the Petitioner No.1 himself gave a statement to the competent authority on 05-02-1977 during the course of the enquiry on the declaration filed by him that if they are found to be excess land holders under the Urban Land Ceilings Act (herein after referred as 'the Ceilings Act') they would like to surrender the land in Survey No.510 by retaining the other lands. As the petitioner cannot retain more than 2000 sq. metres under the Act, the land in Survey No.510, is likely to be declared as surplus and the question of payment of compensation to the Petitioner No. 1 for the land does not arise. Lastly, they stated that they have no objection to pay the compensation after the matter is finalised by the Urban Land Ceilings Authority on production of the Urban Land Ceilings clearance certificate.