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2020 DIGILAW 811 (AP)

Shaik Gaibu Valli v. State of Andhra Pradesh

2020-12-14

C.PRAVEEN KUMAR, D.RAMESH

body2020
ORDER : C. Praveen Kumar, J. 1. The Writ Petitioner, in this present Public Interest Litigation, seeks issuance of Mandamus to direct the Respondents to disburse the sanctioned amount pursuant to G.O.Rt. No. 184, dated 30.04.2020 to the PAFs/PDFs of Kondapur Village, under Gandikota Reservoir Project, without insisting on prior demolition of their houses, granting minimum six months time for their rehabilitation/resettlement, as illegal arbitrary and unconstitutional. 2. The averments in the affidavit, filed in support of the Writ Petition, show that, the Petitioner is one of the PAFs/PDFs of Kondapuram Village and Mandal, YSR Kadapa District, under Gandikota Reservoir Project. The Government of Andhra Pradesh issued District Gazette (extra-ordinary) Notification vide Gazette No. 01/R&R/2018, dated 06.09.2018, and C/R&R/106/2017, and the name of the Petitioner appeared at Sl. No. 4835 and NS 469 along with 3066 similar others. 3. In the year 2007, the Government of Andhra Pradesh proposed construction of Gandikota Reservoir, which is a part of Galeru-Nagari Sujala Sravanthi, with an estimated storage of flood water to an extent of 26.85 T.M.C., from Krishna River through foreshore area of Srisailam Reservoir, so as to provide irrigation and drinking water facilities to the people in drought hit Kadapa and Chittoor districts. 4. In order to implement the Gandikota Reservoir Phase-II and III, the Government of Andhra Pradesh issued G.O.Rt. No. 184, dated 30.04.2020, for release of an amount of Rs. 145.94 Crores to the displaced families of Kondapuram village. 5. Consequently, the Government of Andhra Pradesh issued G.O.Rt. No. 323, dated 24.06.2020, for release of an amount of Rs. 522.85 Crores to the effected 7 villages i.e., Thallaproddatur, Chamarlu, Yerragudi, P. Ananthapuram, Eturu, Regadipalli and K. Sugumanchipilli of Kondapuram Mandal. The II and III Phase of project are part and parcel of Galeru-Nagari Sujala Sravanthi Phase-I for supply of drinking and irrigation water to the Rayalaseema region. 6. It is averred that, the District administration of Kadapa District, in a high-handed manner are insisting on prior demolition of the houses before disbursement of money to PAFs/PDFs/IDPs. Against the arbitrariness of the District administration, the Petitioner approached this court and obtained an interim order, wherein, this court while granting status-quo, stated that 'pendency of this writ petition will not prevent the respondents in proceeding with disbursement of the sanctioned amount'. 7. Against the arbitrariness of the District administration, the Petitioner approached this court and obtained an interim order, wherein, this court while granting status-quo, stated that 'pendency of this writ petition will not prevent the respondents in proceeding with disbursement of the sanctioned amount'. 7. It is further averred that, the acts of District administration is in violation of Articles 14, 19 and 21 of Constitution of India. Having regard to the above, the Writ Petition came to be filed, in the form of Public Interest Litigation. 8. A Counter came to be filed on behalf of 2nd to 5th Respondents, denying the averments made in the affidavit, filed in support of Writ Petition, except those that are specifically admitted therein. i. It is stated in the counter filed by the Revenue Divisional Officer, Jammalamadugu, Kadapa District that, prior to 2013 Act, the Government of Andhra Pradesh has issued G.O.Ms. No. 68, dated 08.04.2005, announcing a package to the displaced families. As per the package, each displaced family would be paid Rs. 1.86 lakhs, which was enhanced to Rs. 6.75 lakhs per OTS opted PDFs and Rs. 3.75 lakhs to R&R opted PDFs in the year 2017, vide G.O.Rt. No. 4, dated 04.01.2017. It is stated that, the displaced families are now paid Rs. 10.00 lakhs per OTS opted PDFs and Rs. 7.00 lakhs per R&R opted PDFs, vide G.O.Rt. No. 323, dated 24.06.2020. Though, the package is not under any statutory obligation, but, the Government as a policy decision is paying the amount to support the displaced families financially. Out of 3066 PDFs in Kondalpuram Village, so far 2768 PDFs have already been paid the R&R and OTS packages, which were duly acknowledged in the form of affidavits and thereafter, voluntarily vacated the houses, so as to facilitate impounding of reservoir. It is stated that, out of 3066 PDFs, 2768 PDS were paid R&R payments and the payments to remaining 298 PDFs is pending due to mismatching of names, death cases, legal heir cases etc., which will also be sorted out at the earliest. ii. It is further stated that, for the shifted PDFs of Kondapuram Village, R&R centers were provided in Kondapuram Village and 266 layouts were already formed in five colonies i.e., Ramachandranagar, Siva Sai School back side, near Raghavendra Swamy temple, SC Colony and near Sri Shakthi Bhavan. ii. It is further stated that, for the shifted PDFs of Kondapuram Village, R&R centers were provided in Kondapuram Village and 266 layouts were already formed in five colonies i.e., Ramachandranagar, Siva Sai School back side, near Raghavendra Swamy temple, SC Colony and near Sri Shakthi Bhavan. It is further stated that, construction of houses are in progress and infrastructural facilities like, electricity, water, roads were also in progress. iii. It is also stated that, the PDFs of Kondapuram village have filed affidavits and consent statements stating that, they will vacate their houses on receipt payments and will not approach the court of law for additional payment. It is also stated that, the Petitioner's house was notified in the R&R Gazette and that he has chosen to receive the amount of Rs. 10.00 lakhs under OTS category, as he does not come under R&R category. Accordingly, the Petitioner was paid a sum of Rs. 10.00 lakhs under OTS category vide Cheque No. 647191, dated 13.07.2020. Having regard to the above, it is pleaded that, the contention of the Petitioner that District administration is adamantly insisting on prior demolition of their houses before disbursement of money, is incorrect and baseless. Hence, pleads for dismissal of the Writ Petition. 9. No reply came to be filed disputing the averments made in the counter filed by the Respondents. 10. Having regard to the averments made in the counter, which remained un-rebutted, and a perusal of the material would clearly show that Awards came to be passed much prior to 2013 Act came into force. Furthermore, the Petitioner was given a sum of Rs. 10.00 lakhs under OTS category vide Cheque No. 647191, dated 13.07.2020, since, he does not come under the R&R category. Therefore, the plea of the Petitioner that the District administration of Kadapa District, in a high-handed manner are insisting on prior demolition of the houses before disbursement of money to PAFs/PDFs/IDPs, may not be correct, more so, when the material on record show that, after taking possession, the work towards the reservoir has commenced. Further, none of the individual persons who have not received money/compensation are not before the court. No writs are filed by the aggrieved persons. If really there was no payment or forcible eviction, as alleged now, definitely the aggrieved person would have approached court. Further, none of the individual persons who have not received money/compensation are not before the court. No writs are filed by the aggrieved persons. If really there was no payment or forcible eviction, as alleged now, definitely the aggrieved person would have approached court. In the absence of the same, a doubt arises as to the contents of the PIL, more so, when the contents of the affidavit filed in support of the PIL are doubtful in nature. 11. In Sachidanand Pandey v. State of West Bengal 1987 AIR 1109 : 1987 SCR (2) 223, [1987] SCC 295 the Hon'ble Supreme Court, held as under: "Today public spirited litigants rush to courts to file cases in profusion under this attractive name. They must inspire confidence in courts and among the public. They must be above suspicion.... Public interest litigation has now come to stay. But one is led to think that it poses a threat to courts and public alike. Such cases are now filed without any rhyme or reason. It is, therefore, necessary to lay down clear guidelines and to outline the correct parameters for entertainment of such petitions. If courts do not restrict the free flow of such cases in the name of public interest litigations, the traditional litigation will suffer and the courts of law, instead of dispensing justice, will have to taken upon themselves administrative and executive functions...I will be second to none in extending help when such help is required. But this does not mean that the doors of this Court are always open for anyone to walk in. It is necessary to have some self-imposed restraint on public interest litigants." 12. Having regard to the facts in issue, the learned Special Government Pleader would contend that, every effort is being made by the unscrupulous spirited persons, through the villagers, to create litigation and stall the project taken up by the Government. Be that as it may, in our view, as the possession being taken long back and handed over to Executive Engineer, GNSS, Kadapa, which is evident from the Government Orders and Circulars issued and the Petitioner having received Rs. 10.00 lakhs under OTS category vide cheque bearing no. 647191, dated 13.07.2020; the request of the Petitioner in this Public Interest Litigation, in our view, cannot be accepted. 13. Accordingly, the Writ Petition is dismissed. No order as to costs. 14. 10.00 lakhs under OTS category vide cheque bearing no. 647191, dated 13.07.2020; the request of the Petitioner in this Public Interest Litigation, in our view, cannot be accepted. 13. Accordingly, the Writ Petition is dismissed. No order as to costs. 14. Consequently, miscellaneous petitions pending, if any, shall stand closed.