AMMIGALLA RAJAIAH Vs. GOVERNMENT OF A.P

JUDGEMENT

(1.) The landed and house properties of the petitioners situated at Sangam Village of Karimnagar District were acquired for the purpose of Lower Manair Dam (LMD) of Sri Ram Sagar Project during 1979 and 1981. It appears, the lands were acquired in 1979 and the houses and the house sites were acquired during 1980-81. The entire Sangam Village was submerged under LMD Reservoir. Notifications were issued under the Land Acquisition Act 1894 (for short "LA Act 1894') and awards were passed on 30/5/1981 in respect of the houses and structures by respondent No.2 - Special Deputy Collector, SRSP, LA Unit, LMD Colony, Karimnagar. The petitioners purportedly found several discrepancies in the measurements, missing of structures etc., in the notices received under Sec. 9(3) of the LA Act 1894; that the petitioners submitted representations to respondent No.2 claiming that measurements of the subject lands were not taken in their presence, measurements are incorrect and there are several discrepancies. It is stated that respondent No.2 passed the awards by omitting the structures. It is alleged that the authorities have obtained thumb impressions of the petitioners on the notices under Ss. 9(3), 10 and 12 of the LA Act 1894; the authorities have made the mandatory provisions of the LA Act 1894 an empty formality. The Land Acquisition Officer passed the awards ignoring statutory provisions of the LA Act 1894. The petitioners have submitted representations to respondent No.2 and as no action was initiated thereon, they have approached the Special Collector, SRSP, the Chief Engineer, the Superintending Engineer and also the Government.

(2.) It is the case of the respondents that after the award was passed, the petitioners have submitted representations claiming that they were not granted compensation for the structures. Acting upon the representations of the petitioners a joint inspection was conducted by the Assistant Engineer and Tahsildar concerned and it was reported that there were no missing structures and it was also found that the house numbers quoted by them are newly constructed after publication of the draft notification and the draft declaration under the LA Act 1894 except House No.1-87/A, and therefore, claims were not entertained. The petitioners submitted representations to the Government for payment of compensation as per the estimate prepared by the Engineering Department for the 322 (three hundred and twenty two) houses including the left over portions and structures etc. A Committee was constituted by the Government under G.O. Ms. No.743 dtd. 14/10/2003 consisting of the District Collector, Karimnagar and the Administrator cum Chief Engineer, Sriramsagar Project, LMD Colony. The Committee submitted its report to the Government vide Reference No.G1/7705/2003 dtd. 15/7/2004.

(3.) Heard Mr. Y. Ramarao, learned counsel for the petitioners, and the learned Government Pleader for Land Acquisition appearing for the respondents, and perused the material on record.