2006 Supreme(AP) 321
V.V.S.RAO
P. Mallaiah – Appellant
Versus
Government Of A. P. – Respondent
( 1 ) THE petitioner was assigned agricultural land admeasuring Ac. 1. 38 guntas in survey no. 441 /33 in Burgampad village in Khammam district. An extent of Acs. 200. 00 of land including the petitioner s land got submerged in Domalavagu tank constructed by the government. Alleging that their lands were utilized without due process of law, some land owners filed W. P. No. 3261 of 1987. While the same was pending before this Court, the first respondent issued notification under section 4 (1) of the Land Acquisition Act, 1894 (the Act, for brevity) and also published the declaration under Section 6 of the Act. It is the case of the petitioner that though the land of the petitioner was included in the notification, the respondents did not pass any order and compensation was not paid. Therefore, the petitioner filed the present writ petition seeking a writ of Mandamus directing the respondents to pass award to pay the compensation under the Act.
( 2 ) THE second respondent filed counter affidavit. It is stated that after receiving the requisition from Executive Engineer of irrigation Department, the proposals were submitted to the Government for approval of draft notification to an ex
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