ALLIPURAM RAVINDER REDDY Vs. GOVERNMENT OF A. P.

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Government Pleader for Land Acquisition.

(2.) The case of the petitioner, in brief, is as follows: The petitioner is the owner, pattedar and possessor of the agricultural land admeasuring Ac.4.29 Gts. in Sy.Nos. 552/D and Ac.4.00 Gts. in Sy.No. 547/B, situated at Peddanagaram Village, Narasimhulkapeta Mandal, Warangal District, having succeeded the same from the petitioner's ancestors. While so, the respondent authorities for the purpose of construction of Sriram Sagar Canal acquired the lands of the petitioner in Peddanagaram Village, Narasimhulkapeta Mandal, Warangal District to an extent of Ac.3.09 Gts. in Sy.Nos. 552/D and Ac.2.00 Gts. in Sy.No. 547/B. The petitioner further contends that the respondent authority initially conducted the survey for acquisition of the land for the purpose of Sriram Sagar Canal, issued notification U/s. 4(1) of the Land Acquisition Act, dtd. 10/11/2004 and as per the Notification the petitioner's land i.e. an extent of Ac.0.37 Gts. in Sy.No. 552/D and Ac.1.20 Gts. in Sy.No. 547/B was marked and subsequently, due to political intervention, the said alignment was changed and the respondent authorities proceeded with the digging of the Canal and thereby, acquired excess land of Ac.2.12 Gts. in Sy.No. 552/D and Ac.0.20 Gts. in Sy.No.547/B and in total, the respondents have acquired an excess land to an extent of Ac.2.32 Gts. But the respondents however, only paid the compensation as per the Notification i.e. Ac.0.37 Gts. in Sy.No. 552/D and Ac.1.20 Gts. in Sy.No. 547/B. The petitioner's main grievance is that the respondent authorities had paid the compensation to the similarly situated persons for the total extent acquired at the rate of Rs.200.00 per yard, but whereas, the respondents had paid the compensation to the petitioner at the rate of Rs.65,000.00 per acre, to the extent of Ac.0.37 Gts. And Ac.1.20 Gts., which is highly discriminatory and illegal and violative of Article 300A of the Constitution of India.

(3.) Counsel for the petitioner further contends that the petitioner submitted a representation in detail to the respondent authorities on 30/10/2007, duly narrating all the facts and requested to conduct a detailed enquiry into the matter and to do justice to the petitioner. In view of the fact that the land acquired by the respondents is abutting to the National Highway from Warangal to Khammam and the prevailing Market Value is Rs.30,00,000.00 per acre. Aggrieved by the inaction of the respondent authorities in considering petitioner's detailed representation dtd. 30/10/2007, addressed to the 3rd respondent herein, requesting the 3rd respondent to enquire into the matter and to pay compensation on par with others at the rate of Rs.200.00 per square yard, the petitioner approached the Court by filing W.P.No. 24595 of 2007 and this Court was pleased to dispose of the said Writ Petition vide its order dtd. 27/11/2007 observing as follows : "Since the petitioner made representation dt. 30/10/2007 to Respondent No. 3 claiming compensation in respect of the said land, the Writ Petition is disposed off with a direction to Respondent No. 3 to consider the representation of the petitioner if received, and take a decision on the same within a period of 8 weeks from the date of receipt of this order."