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2022 DIGILAW 1346 (AP)

Harijana Vyavasaya Karmika Sangham v. The Commissioner of Disaster Management of Ex-Officio

2022-11-22

K.MANMADHA RAO

body2022
ORDER : This petition is filed under Article 226 of the Constitution of India for the following relief :- “…to issue an appropriate writ order or direction more particularly one in nature of Writ mandamus declare the inaction of the respondents No 2 and 3 to grant compensation to the members of the petitioners societies due to crop damage in Nilam Cyclone in 1.11.2012 to 4.11.2012 in respect of Agricultural land in an extent of Ac 212.51 cents in Sy.Nos. 127/1, 127/2, 126/1, 125/pt, 123/pt, 121/4, 123/pt, 127/7, 128/5, 128/8, 135/1, 136/1, 136/2pt, 127/4, 127/3, 126/2, 124/1, 122, 121/5, 125/pt, 127/8, 128/6, 135/2, 135/3, 127/5pt, 127/6, 126/3pt, 124/2, 121/2, 126/3pt, 127/5pt, 128/7, 135/4, 136/1, 141, 140/3, 130/2, 129/3, 128/1, 138/4, 182/4, 182/7, 140/5, 137/3, 137/6, 138/3, 136/2, 172/7, 140/1, 132, 129/2, 129/4, 128/2, 182/5, 182/8, 147/3, 137/4, 138/3, 133/4, 181/3, 172/6, 140/2, 130/1, 129/2, 129/5, 128/3, 182/6, 140/4, 137/2, 137/5, 138/2, 138/5, 181/2, 172/5, 183/2, 172/2, 170/2, 170/5, 169/1, 169/4, 168/2, 182/1, 178/pt, 176/2, 176/5, 180, 172/2, 172/3, 170/3, 171/1, 169/2, 169/5, 168/3, 182/2, 174, 176/2, 176/3, 181/1, 172/3, 170/1, 170/4, 171/2, 169/3, 168/1, 168/4, 182/3, 176/1, 176/4 of Thimmapuram Village, Kakinada Rural Mandal, East Godavari District, and the same is illegal, arbitrary and violative of G.O.Rt.No.147, Dt 08.05.2013 Revenue (DM.1) Department and consequently direct the respondents No.2 to 5 to pay crop damages to the members of the petitioners societies due to Nilam Cyclone according to G.O.Rt.No.147, Dated 8.5.2013 Revenue (DM.1) Department and pass such other order or orders…….” 2. Brief facts of the case are that the Government granted lease in favour of the petitioners societies in the year 1977. The petitioners societies are three consisting of 526 members and their members are in possession and enjoyment in an extent of Ac 212.51 cents in various survey numbers of Thimmapuram village. The lease orders granted initially one year and lease extended from time to time. However, the 2nd respondent cancelled lease on the ground that the said land is going to take over for construction of summer storage tank. Questioning the same, the petitioners have preferred writ petition before this Court and same was disposed of with a direction to file an appeal before the CCLA Hyderabad and in the meanwhile granted status quo. However, the 2nd respondent cancelled lease on the ground that the said land is going to take over for construction of summer storage tank. Questioning the same, the petitioners have preferred writ petition before this Court and same was disposed of with a direction to file an appeal before the CCLA Hyderabad and in the meanwhile granted status quo. Accordingly, the petitioners preferred an appeal before the CCLA which is pending consideration While the matter stood thus, the petitioners societies spent huge amount for cultivation, solving of paddy, seedlings, fertilizers and pesticides etc. in the month of November, 2012 (1-11-2012 to 4-11-2012) there was heavy cyclone which is called “Nilam” Cyclone in coastal districts, there was a total damaged agricultural crops in the East Godavari District also. The 2nd respondent has issued proceedings vide Ref.D4/2900/2012, dated 6.11.2012 stating that the Joint Director, Kakinada is requested to constitute village level, mandal level and divisional teams coordination with Sub Collector and the teams should enumerate crop damage particularly in transparent manner and prepare beneficiaries list, in 20 columns CDM proforma including the bank account and phone numbers of beneficiaries. Thereafter, the petitioners made representations to the respondents claiming compensation. But no action has been taken so far. Hence the present writ petition. 3. Counter affidavit is filed by the respondents No.3 and 4 denying all the allegations made in the petition and contended that some illegal transactions took place in the lease lands and the Joint Collector, East Godavari, Kakinada has conducted enquiry. Pursuant to the same, vide proceedings, dated 3.5.2007, the Collector, East Godavari District cancelled the lease orders originally granted by the then Tahsildar, Kakinada to the 3 societies in Ava Tank of Thimmapuram Village and also the individual lease orders granted by the then Mandal Revenue Officer, Kakinada Rural, in favour of the members of ‘Sannakaru Vyavasaya Karmika Sangham’ and further directed the Tahsildar, Kakinada Rural to take possession of the lands not covered by Court cases from the persons in possession of the lands. Aggrieved by the said orders, the members of the respective Sanghams, approached this Hon’ble Court and filed W.P.Nos.12946 of 2007 and 19019 of 2009 and the same were disposed of vide orders dated 14.3.2009 and 09.09.2009 respectively. Aggrieved by the said orders, the members of the respective Sanghams, approached this Hon’ble Court and filed W.P.Nos.12946 of 2007 and 19019 of 2009 and the same were disposed of vide orders dated 14.3.2009 and 09.09.2009 respectively. It is further stated that heavy rains hit the Kakinada Rural Mandal due to “Nilam” Cyclone from 01.11.2012 to 4.11.2012 and most of the paddy fields were badly affected. The Collector, East Godavari, Kakinada vide Ref.D4/2900/2012, dated 6.11.2012 issued orders to constitute teams to enumerate the crop damages. The Commissioner and Director of Agriculture, A.P., Hyderabad i.e., 3rd respondent herein vide No.Nc.Cell (1) 583/2012, dated 07.11.2012 have issued certain guidelines to enumerate the crop damages to Nilam Cyclone and according to the said guidelines teams constituted to assess the damages are required to verify Adanagal/Pahani, the Small Farmer/Marginal Farmers in consultation with the concerned Tahsildars/VROs by verifying 1B Register of record of rights in land. These instructions were communicated by the Collector to all the Tahsildars in the District for strict implementation. As per the above instructions, persons/farmers who are owners/tenants of lands alone are entitled for the relief whose crops affected more than 50% due to cyclone and also as per the instructions, enumeration has been taken up by the team constituted for Thimmapuram village and the concerned officers of Agriculture Department along with VRO, Panchayat Secretary and other members of village level team conducted field visits. However, as the lands in question are Government lands, no survey was conducted since the lands are in un-authorized occupation of members of sangams who are not owners or tenants. As the petitioners are in occupation of the Government land, they are not entitled for any relief. Hence, prayed to dismiss the writ petition. 4. Counter affidavit is filed by the respondent No.5 while reiterating the averments made in the counter filed by the respondents No.3 and 4, denying all the averments made in the petition, contended that as per the norms prescribed by the Government, enumeration has been taken up and lists have been prepared and published as per procedure. The contention of the petitioners that the case pending before the competent Court, regarding cancellation, is totally false. The contention of the petitioners that the case pending before the competent Court, regarding cancellation, is totally false. It is further stated that the land under reference is tank bed land and it was proposed for establishing summer storage tank and to preserve and maintain the tank as directed by this Court in WP No.12946 of 2007. Moreover to implement the orders of this Court, suo motto orders dated 12.2.2007 in WP No.15595 of 2006 all the water bodies has to be protected from encroachment or in other use. It is further stated that the petitioners are neither absolute owners of the property nor were they granted any regular patta over it. Hence the petitioners are no way concerned with the said land. Therefore as there are no tenable grounds in the petition, it is liable for dismissal. 5. Heard Mr. K.S. Murthy, learned counsel appearing for the petitioners and learned Government Pleader for GAD appearing for the respondent No.1, learned Government Pleader for Revenue appearing for the respondents No.2, 4 and 5 and learned Government Pleader for Agriculture appearing for the respondent No.3. 6. On hearing, learned counsel for the petitioners submits that the petitioners’ societies members are all very poor and only depend upon agriculture. Due to damage of paddy crop in the month of November 2012 in Nilam cyclone, they are in debt trap position. He further submits that all the members of the societies are entitled to receive compensation due to crop damage in Nilam cyclone which was happened in between 1.11.2012 to 4.11.2012 in East Godavari District and other coastal districts. However, the respondents did not pass any orders so far. He further submits that in identical circumstances, several ryots received compensation due to damage the crops in Nilam Cyclone, but the respondents are not paying any compensation to the members of the petitioners’ societies. It is nothing but discrimination to the petitioners’ societies and violation of Article 14 of the constitution of India. As per G.O.Ms.No.147 dated 8.5.2012 the petitioners societies are also entitled for claiming compensation. Therefore, learned counsel requests this Court to pass appropriate orders. 7. It is nothing but discrimination to the petitioners’ societies and violation of Article 14 of the constitution of India. As per G.O.Ms.No.147 dated 8.5.2012 the petitioners societies are also entitled for claiming compensation. Therefore, learned counsel requests this Court to pass appropriate orders. 7. On the other hand, learned Government Pleader appearing on behalf of the respondents while reiterating the contents made in the counter submits that that heavy rain hit the Kakinada Rural Mandal due to “Neelam” Cyclone from 1.11.2012 to 4.11.2012 and most of the paddy fields were badly affected and according to the guidelines of the Collector, East Godavari, some teams were constituted to enumerate the crop damages due to Nilam cycle. In so far as the lands in question in Thimmapuram village are concerned, they are in unauthorized occupation of members of the petitioners’ sangams. As the lands in question are Government lands, no survey was conducted. He further submits that as per the instructions, the persons/farmers who are owners/tenants of lands alone are entitled for claiming compensation. He further submits that in respect of ‘Jal’ cyclone occurred during 2010 also, no relief was provided to the members of these sangams as they are in unauthorized occupation of Government lands. As contended by the learned counsel for the petitioners with regard to G.O.Rt.No.147 is not liable and the same is not applicable to the petitioners who are in occupation of Government lands. 8. On hearing, this Court observed that, as per G.O.Rt.No.147, Revenue (DM-I) Department, dated 08.05.2013, wherein, the Government after careful examination, accord administrative sanction for an amount of Rs.1662,89,71,500/-from the State Disaster Response Fund (SDRF) towards input subsidy for losses/damages caused due to Nilam cyclone of November 2012 (Rs.464.02 Crores) and drought 2012 (Rs.1198.87 crores) . As per the said GO, the ryots of the State are suffering heavily due to recurring droughts/cyclones for the past 3-4 years and there is urgent need for sanction of the amounts to the ryots before the monsoon, so as to enable them to purchase the agriculture inputs seeds/fertilizers etc., but nowhere stated that the unauthorized occupants are not entitled to receive any compensation. 9. 9. As stated by learned counsel for the petitioners that the said GO is not implemented by the respondents No.2 to 5 in respect of their lands on the ground that the cases are pending before the competent courts in respect of lease granted in favour of their societies. 10. Having considered the submissions of both the learned counsels and upon perusing the entire material available on record, it is observed that the unauthorized occupants are equally damaged their crops caused due to Nilam cyclone and further it is observed that the natural calamities like cyclones, floods, earthquakes are act of God only. 11. In view of the foregoing reasons, this Court is of the considered view that, directing the respondents to consider the case of the unauthorized persons who are cultivating and raising crops in the Government lands and pay nominal compensation by considering their case in future on humanitarian grounds. 12. With the above observation, the Writ Petition is disposed of. No order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.