EXECUTIVE ENGINEER I B DIVN Vs. C SHANKAR

JUDGEMENT

(1.) The Writ Appeal is directed against the judgment of the learned single Judge dated 13-6-1997 passed in Writ Petition No.4769 of 1997.

(2.) A perusal of the grounds of appeal filed by the Government would disclose that the order under appeal is challenged on the basis of error in respect of finding of fact. Another ground taken is that proper opportunity was not given to the appellants for filing objections to the petition by way of counter in the writ petition.

(3.) The facts leading to filing of this appeal may be stated, briefly, as follows: The petitioners are the owners of the respective lands situated in Pedda Thimmapur village. As disclosed in the affidavit of one of the petitioners filed for himself and on behalf of the other petitioners, it appears that the petitioners have been in possession of their respective lands till they were dispossessed from those lands on 10-8-1971 for the purpose of restoration of Peddacheruvu tank. The petitioners met their local M.L.A. and other concerned officers and represented that the lands were taken over without initiation of Land Acquisition proceedings and that no compensation was paid. The authorities assured them that compensation under the Land Acquisition Act will be paid soon, but due to paucity of funds or lack of interest on the part of the Government and as possession was already taken, no proceedings under Section 4(1) of the Land Acquisition Act were initiated. The petitioners are illiterate villagers and they have been going round the various offices for the last 25 years. On their behalf, their local M.L.A. has also been giving representations to the Government, but of no avail. The Sub-Collector, Asifabad in his letter dated 30-8-1995 addressed to the Executive Engineer, I.B. Division, Nirmal, instructed to urgently make the deposit of Rs.14.00 lakhs for passing of Award under Land Acquisition Act. But, the Irrigation Department, Government of A.P. failed to deposit Rs.14.00 lakhs with the Land Acquisition Officer (Sub-Collector, Asifabad). Thus, it is alleged that the petitioners' rights under Article 300-A of the Constitution of India have been infringed. It is further stated that one of the claimants one Haji Miya filed W.P. No.29145 of 1995 for compensation under the Land Acquisition Act. That writ petition is still pending. With these facts, a Writ of Mandamus directing the respondents to initiate proceedings under the Land Acquisition Act and to pay compensation is prayed for. 3. The Writ Petition was admitted on 13-3-1997 and notice was directed returnable in four weeks. It appears that notice of the petition was taken by the Government Pleader for Land Acquisition as seen from the proceedings sheet in Writ Petition dated 22-4-1997 and the matter was posted to 23-8-1997. On 23-8-1997, it appears that the Government Pleader requested that the matter be posted after vacation, which request was accordingly acceded to and the learned Judge also directed that a counter, if any, may be filed before the next date of hearing. Thereafter, the matter came up for hearing on 13-6-1997, on which date the impugned judgment was delivered. It would be seen from the Judgment that on behalf of the respondents, a representation was made that the Land Acquisition proceedings have already been initiated. It was also conceded that possession of land was taken on 10-8-1971 by the respondents. On the basis of these representations, the learned Judge passed the impugned order directing the petitioners (respondents herein) to make a representation to the Collector in the matter within a period of two months from the date of judgment i.e., 13-6-1997 seeking initiation of proceedings under L.A. Act, if not initiated already. The order further directs that if land acquisition proceedings have already been initiated, they should be completed within a period of three months from the date of initiation or from the date of representation, if not initiated already.