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2022 DIGILAW 1034 (AP)

Redla Bramha Reddy v. Govt. of A. P. , Rep. by its Secretary

2022-10-14

G.RAMAKRISHNA PRASAD

body2022
ORDER : Writ Petitioners (Five (5) in number) approached this Court contending that despite the fact that there are houses/structures in Survey No.339/2 (Reach No.14) of Malinenipatnam Village, Atluru Mandal, Cuddapah District, and having been acquired for the purpose of Somasila Project, they have not been paid compensation for the structures. It is also the contention of the Writ Petitioners that they have been paid compensation for the land under acquisition and they have been deprived of the due compensation for the structures therein. 2. The contention of the Official Respondents is that the structures were not present, and therefore, they are not obligated to pay any compensation for the alleged structures. During the course of hearing, by Order dated 23.09.2022, this Court had directed the Official Respondents to place on record the Joint Inspection Report; for, in the opinion of the Court, the said Report may clinch the issue. Today, Ms. V. Padmaja, Learned Counsel, appearing for the Official Respondents has placed on record the Joint Inspection Report, dated 26.11.1995 bearing Rc.No.D2/D3/E5/329M. These Proceedings are communicated by the Executive Engineer to the Special Deputy Collector (Land Acquisition). The Proceedings indicate that the said Executive Engineer was directed to conduct a Joint Inspection regarding the left over five structures which existed in Survey No.339/2 relating to Reach No.14 of Malinenipatnam Village of Atluru Mandal which are pending for payment of compensation as per the Rules in force. 3. The facts in this case, shorn of other details, are that on 18.05.1992, the Official Respondents have issued Notification under Section 4(1) of the Land Acquisition Act, 1894 (The Act); the proposed acquisition was for the construction of Somasila Project which also included other ancillary projects such as Sagileru River Project; that both these ancillary projects are part of the larger Project called Telugu Ganga Project; that on 04.09.1995, the Competent Authority had passed the Award; that to the surprise of the Writ Petitioners, the said Award did not include compensation for the structures in the acquired area that belongs to the present Writ Petitioners; that having been aggrieved of non-payment of the compensation for the structures that existed on the land acquired, the Writ Petitioners have submitted Representations dated 08.07.1999, 06.01.2003, 20.03.2005, 10.03.2008 and 06.01.2013. 4. Their grievance, not having been redressed, have approached this Court by filing the present Writ Petition. 5. 4. Their grievance, not having been redressed, have approached this Court by filing the present Writ Petition. 5. The Joint Inspection Report bearing Rc.No.D2/D3/E5/329M, dated 26.11.1995, which has been described herein, clearly indicates that the Joint Inspection was undertaken specifically for verifying whether there are existing structures and if so of what nature that belongs to the present Writ Petitioners. For better appreciation, this Proceeding bearing Rc.No.D2/D3/E5/329M, dated 26.11.1995 is entirely reproduced hereunder : “It is to inform that the Special Deputy Collector (L.A), S.S.P. Unit –IV, Rajampet in the reference 4th cited has been asked to conduct the Joint Inspection regarding the left over five structures which are existed in Survey No.339/2 relating to Reach No.14 of Malinenipatnam Village of Atlur Mandal for pending payment of compensation as per rules in force. In this connection the Joint Inspection was conducted on 15.11.1995 along with Deputy Executive Engineer, Assistant Engineer and followed the respectable ryots of the village. During the fields inspection of the Survey No.339/2 of Reach No.14 of Malinenipatnam (V) and noticed that there are five structures are existed on the ground as detailed below: Sl. No. Survey No. Reach No. Name of the Owner Type of Structure Plinth area in Sq. Metres Remarks 1. 339/2 Reach No.14 Sri Rendla Bramha Reddy, S/o. Chinna Subba Reddy G.I. Sheed Roof Shed 265.20 Sq.mts. Only walls collapsed roof is in good condition. 2. 339/2 Reach No.14 Sri Rendla Bayamma, W/o. Chinna Subba Reddy BJCR Structure 370.00 Sq.mts At present structure is in good condition 3. 339/2 Reach No.14 Sri Pallem Nagi Reddy, S/o. Konda Reddy Barbed wire fencing with wooden ballies -- It is barbed wire fencing with M.S. Angles cut stones and wooden ballies. 4. 339/2 Reach No.14 Sri Pallem Mallem Konda Reddy, S/o. Konda Reddy BJCR Structure 220.00 Sq.mts At present structure is in good condition. 5. 339/2 Reach No.14 Sri Pallem Konda Reddy, S/o. Konda Reddy BJCR Structure 330.00 Sq. mts At present structure is in good condition. I further submit that the above structures are below PRL/Contour level of Somasila Reservoir. The structure owners are eligible for payment of compensation as per L.A.Act. Yours faithfully, Sd/- xxxx Dt.26.11.1995 Executive Engineer-Irrigation Somasila Project Division No ATMAKUR – 524 322. Encl:- Valuation of Report of Structures.” 6. mts At present structure is in good condition. I further submit that the above structures are below PRL/Contour level of Somasila Reservoir. The structure owners are eligible for payment of compensation as per L.A.Act. Yours faithfully, Sd/- xxxx Dt.26.11.1995 Executive Engineer-Irrigation Somasila Project Division No ATMAKUR – 524 322. Encl:- Valuation of Report of Structures.” 6. From the above Joint Inspection Report dated 26.11.1995, it is clear that by the date that the Joint Inspection was conducted on 15.11.1995, relating to the lands of the Writ Petitioners in Survey Nos.339/2 of Reach No.14 of Malinenipatnam Village, the structures were existing in the manner that they are described hereinabove. 7. However, the Competent Authority, as a reason to deprive the Writ Petitioners of the compensation for the structures, have relied upon the Supplementary Award No.25/99 dated 10.06.1999. The said Supplementary Award No.25/99 dated 10.06.1999 is filed as Ex.P7. On a close reading of the said Supplementary Award, it appears that this Award has dealt with the structures, and at Page 8 of the said Award, it has been stated that the Competent Authority have inspected the lands before making the Award (subsequent to the Joint Inspection Report) and found that there are no structures in their lands. However, it is also mentioned in the same Supplementary Award that it is to the knowledge of the Competent Authority that the structures that were infact existing in Reach No.14 of Malinenipatnam Village have been washed away due to heavy floods that occurred in Sagileru River due to breach of Porumamilla Tank and lower Sagilaru Project on 18.10.1996. It is also noted in the Supplementary Report that the Executive Engineer, Somasila Project, Unit IV, Atmakur, has furnished the value of those structures in question in April, 1995, which is subsequent to the passing of the Award for the lands. It is also learnt that some of the Authorities have felt that the valuation of the structures shall be again super-checked by the Superintending Engineer concerned and that the Superior Authority have opined that since the existing structures have been washed away, no useful purpose would be served in making a further verification. It is also learnt that some of the Authorities have felt that the valuation of the structures shall be again super-checked by the Superintending Engineer concerned and that the Superior Authority have opined that since the existing structures have been washed away, no useful purpose would be served in making a further verification. In Page 9 of the Supplementary Award, it is also stated that : “It is learnt that the Superintending Engineer has sent a Report to the Special Collector, Telugu Ganga Project, Nellore in this regard stating among other things that the structures in question had been washed away due to heavy floods in October, 1996 and that it was not possible to super check the valuation of the structures. The preliminary valuation statement of these structures adopting the valuations furnished by the Executive Engineer, Somasila Project Unit IV, Atmakur was submitted to the Special Collector, Telugu Ganga Project, Nellore with other benefits under Land Acquisition Act in the reference 5th read above. The preliminary valuation statement was approved by the Special Collector, Telugu Ganga Project, Nellore in the reference 6th read above.” 8. However, in this Report, the Valuation of the structures does not include the names of the present Writ Petitioners. It is clear that despite the Joint Inspection Report specially made only for assessing the value of the structures belonging to the present Writ Petitioners, the Award does not include the present Writ Petitioners. The Competent Authority while making the Supplementary Award has referred to the previous Inspections made in respect of other Claimants but has failed to take into their account the Joint Inspection Report dated 26.11.995. It appears from the record that the Competent Authority has completely ignored the Joint Inspection Report which was specially made at the behest of the Competent Authority. The Joint Inspection Report clearly states that the structure owners, namely the Writ Petitioners, are eligible for payment of compensation as per the Land Acquisition Act. 9. In this view of the matter and in view of the categorical finding made in the Joint Inspection Report dated 26.11.1995, this Court finds no reason in depriving the due compensation for the structures of the Writ Petitioners herein. Therefore, the Writ Petition is allowed. No costs. 10. 9. In this view of the matter and in view of the categorical finding made in the Joint Inspection Report dated 26.11.1995, this Court finds no reason in depriving the due compensation for the structures of the Writ Petitioners herein. Therefore, the Writ Petition is allowed. No costs. 10. The Authorities are directed to give effect to the Joint Inspection Report dated 26.11.1995 in Rc.No.D2/D3/E5/329M and assess the compensation to be paid in terms of what is already assessed for other Claimants in the Supplementary Award No.25/99 dated 10.06.1999 within a period of Eight (08) Weeks from the date of submission of this Order along with a requisition by the Writ Petitioners. The Authorities shall consider the interest component in favour of the Writ Petitioners as per Law, till the date of payment. 11. Interlocutory Applications, if any, stand disposed of in terms of this order.