IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M. SEETHARAMA MURTI, J.
Pothuri Venkata Rajendhra Prasad - Appellant
Versus
Government of Andhra Pradesh and Ors - Respondent
WP No. 2491 of 2007
Decided On : 08-06-2018
M. SEETHARAMA MURTI, J.
1. This writ petition is filed under Article 226 of the Constitution of India seeking verbatim the following relief’s:
'......to issue a writ or direction particularly a writ in the nature of mandamus declaring the action of the respondents for not following the mandatory provisions under Sections 11-A and 12(2) of the Land Acquisition Act as illegal, arbitrary and discrimination and consequently direct the 3rd respondent to consider the representations pending before him dated 7.1.2005 and 9.3.2005 submitted by me for reference under Section 18 of the Land Acquisition Act and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.'
I have heard the submissions of Sri G. Simhadri, learned Counsel appearing for the petitioner, and of the learned Government Pleader for Land Acquisition appearing for the respondents. I have perused the material record.
2. At the hearing, the following facts are admitted and not disputed:- 'Pursuant to the proposal of the 1st respondent to form Growth Centre near Jadcherla, a draft notification under Section 4(1) of the Land Acquisition Act, 1894 [Central Act 1 of 1894] [hereinafter referred to as 'the Act', for short] was issued vide Proceedings No. Gl/64/2003 for acquisition of land of an extent of 439.09 guntas in Sy. No. 408 and other numbers situated at Polepally Village of Jadcherla Mandal; and, thereafter, a draft notification under Section 6 of the said Act was submitted to the District Collector, Mahaboobnagar, alongwith office letter, dated 8.1.2003, for approval. On respective approvals of the same, on 17.1.2003 and 20.1.2003, the urgency clause under Section 17(4) of the Act was invoked and the enquiry under Section 5-A of the Act was dispensed with and necessary publications were made. Eventually, the required extent of land including the land of the petitioner of an extent of 18.35 guntas in Sy. No. 444 in Polepally Village with structures, trees and bore-wells with pump sets thereon was acquired for the desired purpose. An Award vide Award No. F/1965/2001 was passed, on 3.2.2005, by the Land Acquisition Officer and Revenue Divisional Officer, Mahabubnagar mentioning therein that the true area of the acquired land is Acs. 362.20 guntas and also the other details of the land. After passing of the Award, the petitioner received compensation for his land, on 23.2.2005, by way of a Demand Draft, dated 19.2.2005, for a sum of Rs. 20,81,860/-.'
3. In this backdrop of admitted and undisputed facts, the case of the writ petitioner is this:
After publication of Section 4(1) notification and during the course of enquiry, the petitioner submitted a representation, dated 7.1.2005, stating that he is the owner of Acs. 18.35 guntas in Sy. No. 444 of Polepally Village of Jadcherla Mandal and requesting the Joint Collector to examine his case in the light of the contents of the said representation and further stating inter alia that he is willing to forego his land at the appropriate compensation that may be fixed after taking into consideration all merits and market rate of orchards/garden lands which are worth Rs. 3 lakhs to Rs. 3.5 lakhs per acre. The petitioner also made another representation, dated 19.1.2005, for fixing of compensation for trees separately. The petitioner thus sought compensation for the land, the trees and the fruit bearing trees on the land which he developed by establishing bore-well with S.M. Pump set and pipeline by constructing a pump room. He raised several trees in his land like 445 Mango trees, 54 Guava trees, 58 Aonla trees, 6 Fig trees, 10 Custard Apple trees, 1 Pomegranate tree, 2 Jamun trees, 102 Vepa trees, 1 Nemali tree, 2 Regu trees and 1 Kanuga tree and fenced the orchard with barbed wire fencing. The petitioner further used to take up wet agriculture by raising paddy in an extent of about 5 acres in 3 bits towards Eastern and Western ends of the property. The 3rd respondent ga
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