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2002 Supreme(AP) 1202

V.V.S.RAO
K. P. Hussian Reddy – Appellant
Versus
Executive Engineer, M. I. Division, Nandyal – Respondent


V. V. S. RAO, J.

( 1 ) IN 1993 there was a breach of tank bund of Bhupanapadu Minor Irrigation tank, in panyam Mandal of Kurnool District of andhra Pradesh. As there was an emergency to fill up the breach to prevent further damage, the petitioners land admeasuring Acs. 8. 68 in S. Nos. 423, 426, 432, 433, 434 and 435 of Neravada village was utilized and the breach was repaired. The petitioners, who claim to be small and marginal farmers are before this Court alleging that though the respondents took possession of the land on 11-10-1994, no compensation has so far been paid. They placed reliance on a communication dated 9-7-2000 sent by the Revenue Divisional officer, Nandyal to the Executive Engineer, minor Irrigation Works, requesting the latter to provide an amount of Rs. 4,67,622/- to meet the land acquisition charges. As the respondents failed to complete the necessary formalities under the Land Acquisition Act, 1894 (for short, the Act), the petitioners are before this Court praying for a writ of mandamus directing the respondents to pay the market value at Rs. 2. 00 lakhs per acre for wet land and at the rate of Rs. 1. 00 lakh per acre for dry land.

( 2 ) THIS Court issued No




















































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