Research › Search › Judgment

Andhra High Court · body

2020 DIGILAW 812 (AP)

Pandillapalli Obula Reddy v. State of A. P.

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. 323, dated 24.06.2020, and G.O.Rt. No. 465, dated 08.09.2020, to the PAFs/PDFs of Thallaproddatur Village, under Gandikota Reservoir Project without insisting on prior demolition of their houses, granting minimum six months time for their rehabilitation/resettlement; and declare the 'forced evacuation' by the Respondents by impounding more than 12 TMCs water in Gandikota Reservoir, 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 Thallaproddatur Village, Kondapuram Mandal, YSR Kadapa District, under Gandikota Reservoir Project. The Government of Andhra Pradesh issued District Gazette (extraordinary) Notification vide Reference No. C/R&R/01/2019, dated 26.08.2019, and the name of the Petitioner appeared at Sl. No. 1637 and SES 505 along with 5000 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. 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. 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. 5. Consequently, the Government of Andhra Pradesh issued G.O.Rt. No. 465, dated 08.09.2020, seeking acquisition of land to an extent of Ac. 99.80 cents, situated in Sy. Nos. 5/1, 6, 7, 9/2 etc. of Jogapuram Village of Kondapuram Mandal, for establishment of R&R centre to the displaced families of Thallaproddatur village, under the submergence of Gandikota Reservoir of Galeru-Nagari Sujala Sravanthi Phase-I of package-I. 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. of Jogapuram Village of Kondapuram Mandal, for establishment of R&R centre to the displaced families of Thallaproddatur village, under the submergence of Gandikota Reservoir of Galeru-Nagari Sujala Sravanthi Phase-I of package-I. 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. The agitation by the affected villagers in not issuing R&R package lead to filing of a Writ Petition (PIL) No. 183 of 2020. In the said Writ Petition, interim order came to be passed, stating that 'pendency of this writ petition will not prevent the respondents in proceeding with disbursement of the sanctioned amount. However, at the same time, respondents were directed to maintain status quo'. 7. It is further averred that, subsequent to the interim orders passed in Writ Petition (PIL) No. 183 of 2020, the District administration adopted a deceitful way of enforcing evacuation of the oustees by impounding of more than 12 TMCs water, leading to submergence of the villages, which act is more inhumane than direct demolition, and the same is in violation of Articles 14, 19 and 21 of Constitution of India. Having regard to the above, various reliefs are sought in the Writ Petition, which is filed in the form of Public Interest Litigation. 8. A Counter came to be filed on behalf of 2nd and 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, as per the Land Acquisition Act, 1894, Awards came to be passed, vide Award No. 73/2009-10, 5/2011 and 06/2011 etc., before the year 2012 itself. All payments due to eligible beneficiaries were made duly taking acquaintances from them. It is also stated that, all the Awards passed were consent awards. (ii). It is further stated that, the Government has issued G.O.Rt. No. 465, dated 08.09.2020, for payment of amount to the lands acquired in Jogapuram village of Kondapuram Mandal, proposed for establishment of R&R center, to the displaced families of Thallaproddatur village, under submergence of Gandikota Reservoir. The district administration arranged sufficient shelters in Government buildings, community halls nearby Thallaproddatur village for accommodation of the shifted PSFs. All the facilities were made available in the provided shelters. (iii). The district administration arranged sufficient shelters in Government buildings, community halls nearby Thallaproddatur village for accommodation of the shifted PSFs. All the facilities were made available in the provided shelters. (iii). The Revenue Divisional Officer, Jammalamadugu, Special Deputy Collector (LA), GNSS, Muddanur Unit-III and the Tahsildar, Kondapuram village, conducted Gram Sabha on 18.07.2020 at Z.P. High School, Thallaproddatur, in the presence of all PDFs, who opted for R&R package and were allotted house plots to the PDFs by conducting lottery, prior to issuance of G.O.Rt. No. 465. The lands of K. Sugumanchipalli village were acquired before issuance of G.O.Rt. No. 465. Therefore, the contention of the Petitioner that as per G.O., the R&R scheme is only in its initial stages and yet to be completed, is incorrect and baseless. (iv). It is further stated in the counter 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 2869 PDFs in Thallaproddatur Village, so far 2544 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. An amount of Rs. 217.08 crores was said to have been spent. Payments to remaining 325 PDFs is pending due to mismatching of names, death cases, legal heir cases etc., which will also be sorted out at the earliest. (v). It is also stated that, the Petitioner filed an affidavit and a consent statement on 19.08.2020 stating that, he will vacate his house on receipt of R&R benefit and will not approach the court of law for additional payment. Accordingly, the Petitioner was paid a sum of Rs. (v). It is also stated that, the Petitioner filed an affidavit and a consent statement on 19.08.2020 stating that, he will vacate his house on receipt of R&R benefit and will not approach the court of law for additional payment. Accordingly, the Petitioner was paid a sum of Rs. 7.00 lakhs of R&R benefit through CFMs on 28.09.2020 and the said amount was credited in his bank account. 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. 7.00 lakhs under R&R benefit through CFMs on 28.09.2020 and the same was credited in his bank account. 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. 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. 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 Awards were passed long back, possession being taken and handed over to Executive Engineer, GNSS, Kadapa, which is evident from the Government Orders and Circulars issued and the Petitioner having received Rs. 7.00 lakhs under R&R benefit through CFMs on 28.09.2020, which was credited in his bank account; 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.