YANDRAPALLI KRISHNA RAO Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The nine petitioners filed this petition under Article 226 of the Constitution of India. All of them own small extents of land ranging from Ac.0.02 cents to Ac.0.58 cents. They are all the residents of Pallempalli village, Veerulapadu Mandal, Krishna District, which is famous for its richness. They want this Court to issue a mandamus declaring the alleged action of the respondents, the Government of Andhra Pradesh, the District Collector and the Executive Engineer, Road and Buildings, Vijayawada, in not paying the compensation to the petitioners in respect of acquisition of their lands. According to the petitioners, which is not substantiated before this Court, the land was occupied by respondents 2 and 3 for laying the road from Pallempalli village to Veerulapadu of Krishna District. Therefore they say that the entire action is violative of their rights under Articles 14, 21 and 300-A of the Constitution of India.

(2.) It is the case of the petitioners that in the year 1984 - about 16 years ago - the respondents utilised the land to the petitioners for laying down the road. They went on making representations to the authorities requesting for payment of compensation. They also conducted Dharna and stopped the A.P.S.R.T.C. buses which are plying on the road, which was laid on their land. They also made representations to their duly elected representatives. All those efforts were futile. As a last chance they resorted to approach this Court under Article 226 of the Constitution of India.

(3.) Notice before admission was ordered by this Court on 29-12-1998. Now the case is listed before me for admission. I have heard the learned Counsel for the petitioner Mr. P. Prabhakara Rao. He submitted that because of their poverty, ignorance and illiteracy the petitioners are not aware of their rights. Therefore they could not approach this Court under Article 226 of the Constitution of India in time. It is further submitted that any forcible acquisition of land would violate Article 300-A of the Constitution of India as well as the provisions of the Land Acquisition Act, 1894.