PATURI GANGI REDDY Vs. SPECIAL COLLECTOR GNSS

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners requesting to issue a writ of mandamus declaring the action of the respondents 1 and 2 in not paying the compensation for the structures, trees and the lands in Survey no.523 in an extent of Ac.1.45 cents and in Survey no.524 in an extent of Ac.2.40 cents of Chenduvai Village, Atloor Mandal, of Kadapa District, as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the respondents 1 and 2 to pay compensation to the petitioners for the structures, trees and lands afore-stated of the writ petitioners as per law.

(2.) I have heard the submissions of Sri D.Kodanda Rami Reddy, learned counsel appearing for the petitioners; and of the learned Government Pleader for Land Acquisition (AP) appearing for the respondents 1 to 4. I have perused the material record.

(3.) The case of the petitioners, in brief, is this: 'On 17.01.1970, the 1st petitioner was assigned lands of extents of Ac.1.45 cents in Survey no.523 and Ac.2.40 cents in Survey no.524 of Chenduvai Village, Atloor Mandal, Kadapa District, by the then Tahasildar of Sidhout Taluk. Since then the 1st petitioner is cultivating the said lands. The 1st petitioner has given half share in the said lands to his son, who is the 2nd petitioner. The 3rd petitioner is the wife of the 1st petitioner. They have constructed three houses in the above said lands about 22 years back and are living in the said houses. Out of the three houses, the house with Mangalore tiled roof stands in the name of the 3rd petitioner. There are 17 teak trees in the said lands. The respondents acquired lands and structures in the village for Foreshore Submersion of Somasila Project excluding DKT (assigned) lands and the structures thereon. 68 TMC water is now in the Somasila Project. The petitioners' lands submerged in the back water of Somasila Project. The petitioners requested the authorities to pay the compensation for the lands, structures and trees of the petitioners. The Special Deputy Collector-cum-Land Acquisition Officer, Unit-I, Telugu Ganga Project, Mamillapalli, Kadapa District, the 2nd respondent, instructed the Engineering Department to conduct inspection of the lands of the petitioners. The Executive Engineer, Somasila Project, Division no.IV, Atmakur, Nellore District, the 4th respondent, and the officers of Revenue Department conducted a joint inspection, on 26.11.2007, and noticed the structures present in the lands of the petitioners. A joint inspection report, dated 26.11.2007, was prepared by the said authorities. A copy of the same was filed with the writ petition. The Tahasildar, Atloor Mandal, on the representation of the 1st petitioner, inspected the lands and structures and sent a report, dated 22.10.2007. In the said report, the Tahasildar stated verbatim as follows: