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2020 DIGILAW 741 (AP)

Mamidi Subbamma v. State Of Andhra Pradesh

2020-11-25

D.RAMESH

body2020
JUDGMENT D.Ramesh, J. - Heard Sri S.Lakshminarayana Reddy, learned counsel for the petitioners, learned Government Pleader for Land Acquisition appearing for respondents 1 to 6 and Sri E.V.V.S. Ravi Kumar, counsel appearing on behalf of proposed respondent. 2. The Writ Petition is filed declaring the action of the respondents 2 to 4 in not taking steps for acquisition of petitioners land in an extent of Ac.1-49 cents along with 51 structures covered by Survey No.3/1 and 22/2 of Rangampalli village, Atluru Mandal, Kadapa District under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 inspite of permission was accorded by the 1st respondent vide memo.No.30021/LA/A2/2015, dated 20.10.2017 as illegal, arbitrary and violation of articles 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 4 to initiate the land acquisition proceedings under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [ for short 'the Act'] for acquisition of the subject land. 3. According to the averments made in the affidavit, all the petitioners are residents of Rangampalli Village, Atluru Mandal, Kadapa District; by constructing houses, they are living in the said village and doing agriculture in their respective lands. The 4th respondent had issued a notification on 09.01.1991 proposing for acquisition of lands covered by Sy.No.3/1 and 22/2, including other survey numbers under Somasila project and as per the procedure contemplated under the old Act. The authorities passed an award No.5/1993-94, dated 24-01- 1994 and while passing the award, the 4th respondent had excluded the lands of the petitioners in an extent of Ac.1-04 cents covered by Sy.No.3/1 and an extent of Ac.0-45 cents in Sy.No.22/2, holding that the petitioners' lands were below Full Reservoir Level [FRL] (+330) contour. After land acquisition award passed by the 4th respondent, by excluding the properties of the petitioners in Survey Nos.3/1, 22/2, the petitioners have raised constructions/houses and living in the said constructions/houses. 4. During the course of hearing, learned counsel for the petitioner contended that in the award passed by the 4th respondent, dated 24.01.1994, there is categorical finding that "all the low level pockets in the valery portions at 330 feet contour will only be considered after investigation, at a later date and requested to take action as per the revised requisition." 5. In view of the observations made in the earlier award it is clear that they have not totally deleted these lands, and acquisition of the said land will be considered subsequently after thorough inspection. While that being so, the structures in the said land are sub-merged with back water of Somasila Project Reservoir. Hence, all the villagers including the petitioners have submitted a representation to the 4th respondent, to acquire the said lands. 6. Basing on the representation made by the villagers, the 4th respondent had conducted a joint inspection along with respondents No.5 and 6 and submitted report on 23.11.2011 showing the nature of the structures and plinth area of each structure and by noting that there are 17 structures in Survey No.22/2 were existing below FRL i.e. (+330) contour and 34 structures in Survey No.3/1 are above FRL. 7. Basing on the joint inspection report dated 23.11.2011 the 4th respondent has submitted letter on 10.12.2015 to the 1st respondent. Basing on the report and the letter submitted by 4th respondent, the 1st respondent had issued a memo No.30021/LA/A2/2015, dated 20- 10-2017 wherein, after careful examination of the proposal and taking into consideration of the reports of the 2nd and 3rd respondents, the 1st respondent, accorded permission to acquire the left over lands duly following the provisions under the Act, 2013 to an extent of 1.49 acres and 51 structures, since the back water of the Somasila Project would surround the village leaving no connectivity, thereby directed the 2nd and 3rd respondents to take further necessary action accordingly. 8. Despite the directions given by the 1st respondent, the respondents 2 to 4 have not taken any steps with regard to the lands of the petitioners in Survey Nos.3/1 and 22/2, hence, the petitioners made representation on 19.09.2018 to the 1st respondent, requesting for acquisition of lands and structures under the provisions of the Act. 9. Basing on the said representation, the 1st respondent has issued memo No.ICD01/17/LA/2018, dated 11.10.2018, directing respondents 2 and 3 to take immediate necessary action on the representation made by the petitioners, keeping in view of the inflow of water to Somasila Reservoir, respondents 2 and 3 also were directed to submit the action taken report, as per the memo No.30021/LA/A2/2015, dated 20.10.2017 without further delay. Despite the directions of the 1st respondent, when there is no action on the part of the respondent Nos. Despite the directions of the 1st respondent, when there is no action on the part of the respondent Nos. 2 to 4, left with no option, present Writ Petition is filed. 10. After filing the Writ Petition, learned counsel for the petitioner have filed additional material papers, wherein he has brought notice of the Government Memo No.30021/LA/A2/2015 dated 20.02.2020, wherein the Government clearly observed that since back water of Somasila Project would surround the village, leaving no connectivity, hence, the 3rd respondent/Special Collector, (LA), GNSS Kadapa and the 2nd respondent /Chief Engineer, NTR Telugu Ganga Project, Tirupati are requested to take immediate necessary action in the matter, in view of the earlier permission granted by the 1st respondent, as per the Memo dated 20.10.2017. 11. Learned counsel for the 5th respondent filed counter on behalf of the respondents 2 to 6. In their counter, they have not denied the averments in the Writ Petition and in fact, the Land Acquisition Authorities i.e. Special Collector (LA), GNSS, Kadapa and Special Duty Collector (LA), TGP Unit II, Kadapa) were informed by their office that to initiate requisition for acquisition of 51 structures along with land in Survey Nos.3/1 and 22/2 of Rangampalli Village, Atluru Mandal as per the Government Orders issued vide memo No.30021/LA/A2/2015, dated 20.10.2017 and a joint inspection is to be conducted by the Engineering and Revenue officials of the Somasila Project to ascertain actual stage of 51 structures erected in part of Survey Nos.3/1, 22/2 of Rangampalli Village in Atluru Mandal of YSR Kadapa District. But there was some delay in view of coordination between the two departments till 15.07.2019 and finally a Joint inspection was conducted on 15.07.2019 by the requisition and acquisition departments of Somasila Project to ascertain the actual conditions of 51 structures situated in the said two survey numbers and they have submitted report on 15.07.2019. Basing on the requisition submitted by the Engineering Department on 31.07.2019 to the Special Collector (LA), GNSS, Kadapa for implementation of the Government Memo dated 20.10.2017 for acquisition of 51 structures situated in part of both in Survey Numbers 3/1 and 22/2 of Rangampalli Village, Atluru Mandal in YSR Kadapa District. Finally it is submitted in their counter that they have acted as per the Government Memo dated 20.10.2017, completed the joint inspection report and submitted for proposals for acquisition, which are pending. 12. Finally it is submitted in their counter that they have acted as per the Government Memo dated 20.10.2017, completed the joint inspection report and submitted for proposals for acquisition, which are pending. 12. When the matter is pending, one Peddanarasa Reddy filed Implead Petition with a prayer to implead him as 7th respondent in the Writ Petition. The main ground urged by the implead petitioner in I.A.No.1 of 2020, even though, the official respondents have acquired the lands in Rangamplli Village, leaving Ac.1-04 cents covered by Survey No.3/1 in an extent of 45 cents in survey No.22/2 stating that the said lands are below Full Reservoir Level, an award was passed on 24.01.1994 and by virtue of the award, injustice was done to the proposed respondent, he being the resident of Rangampalli Village, having acquired his properties, no compensation was paid so far. Like him, there are so many other persons in the village, who are similarly placed. So the entire acquisition proceedings are completed and payments were made by 2004 itself. Subsequently, there were number of transactions were taken place in the village. Hence, filing the present Writ petition is nothing but to misconceive and to get orders for wrongful gain, thereby, requested to dismiss the Writ Petition by impelading him as a party respondent. 13. It is no doubt, if any injustice is done to the proposed respondent in the land acquisition, as per the award No.5/93-94, dated 24.01.1994, the remedy for the proposed respondent is not by way of filing implead petition in this Writ Petition, but the remedy is otherwise. He has not made out any case to implead him as a party respondent in this Writ Petition and also no doubt by any case that by virtue of acquiring the lands, as per the memo dated 20.10.2017, the proposed respondent may not get any hardship. Therefore, the I.A. filed by the proposed respondent to implead him as 7th respondent is dismissed, as he is not necessary party to this Writ Petition. 14. Therefore, the I.A. filed by the proposed respondent to implead him as 7th respondent is dismissed, as he is not necessary party to this Writ Petition. 14. In view of the submissions made by the counsel for the petitioner as well as the Government Pleader Land Acquisition, it is no doubt that basing on the representation made by the petitioners, in view of the fact that the structures submerged with backwater of Somasila Project in Survey Nos.3/1, 22/2, the Government has issued memo vide Memo No.30021/LA/A2/2015, dated 20.10.2017 according permission to acquire the left over lands along with structures and 1st respondent has also issued repeated reminder letters, being filed by the petitioners, on 20.02.2020. 15. In view of the above discussion, respondents 2 to 4 are directed to initiate the process as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and complete the same as expeditiously as possible, within Six (06) months, from the date of receipt of copy of this Order. 16. Accordingly, the Writ Petition is disposed of. No costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.