LAWS(APH)-1999-11-65

JALABA Vs. GOVT OF A P

Decided On November 15, 1999
JALABA Appellant
V/S
GOVT.OF A.P.MAJOR IRRIGATION, COMMAND AREA DEVELOPMENT, HYDERABAD Respondents

JUDGEMENT

(1.) This writ petition is filed by fifteen petitioners who are residents of Machnoor, Hungunda, Sangam and Nagini villages which are situated in Biloli taluq, Nanded District of Maharashtra State, The relief sought for by the petitioners in this writ petition is to issue a writ of Mandamus directing the respondents to cause survey with regard to the lands situated in the above villages, which were submerged on account of construction of Sriramsagar Project, Pochampad, of Nizambad District, and also to take decision with regard to acquisition of lands within two months from the date of order by duly declaring the inaction of the respondents in not taking any steps for survey and enquiry with regard to the lands, submerged on account of the construction of Sriramsagar Project even though some corrospondence were made for conducting survey in the year 1993 as illegal, arbitrary and violative of Article 300-A of the Constitution of India.

(2.) The case of the petitioners is that the petitioners are the permanent residents of Machnoor Hungunda, Sangam and Nagini villages and they are agriculturists and they have no other source of income except agriculture. It is stated that the above mentioned villages are situated towards eastern end of Maharashtra State Border and their lands are situated on the Banks of Manjira and Godavari Rivers and these two rivers join at Sangam village. That is why, the village is called Sangam and these villages are situated on the western side of Border village of Kandakurthi Hangirga Boregam and Neela villages, which are Border villages of Andhra Pradesh.

(3.) It is stated that on account of the construction of Sriramsagar Project, there is heavy water logging and spread of rivers Godavari and Manjira which get the back waters of reservoir. Their agricultural lands situated in the villages were completely submerged due to back water of Sriramsasagar Project in 1983 and they are unable to cultivate their lands and they have been rendered unfit for cultivation.