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2021 Supreme(AP) 975

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. Satyanarayana Murthy, J.
Chinamatla Venkata Subbamma – Petitioner
Versus
State of Andhra Pradesh – Respondent
Writ Petition No.21983 of 2020
Decided On : 30-09-2021

Advocates Appeared:
For the Petitioner: Pulipati Radhika

Headnote:

Constitution of India, 1950 - Article 226 - Land Acquisition Act - Section 11 – Pay compensation/ex gratia - Power of High court to issue writs - Whether the inaction of the respondents for their failure to pay compensation/ex gratia to the petitioners for the land acquired by the respondents for the Somasila Project be declared as illegal and arbitrary - Consequently, a direction be issued for payment of compensation – Held, petitioners from the beginning is that their land was acquired, but compensation was not paid - The acquisition is not supported by any material and no copy of the award is placed on record for perusal of the Court, except raising contention of the petitioners. Further, the respondents stated in paragraph No.5 of the counter that “the requisition for petitioners land cannot be initiated above FRL lands by the requisition department without Government permission as it is a policy matter”. In the absence of requisition, the Special Collector, Somasila Project cannot acquire the land and in the absence of acquisition, this Court cannot compel the respondents to pay compensation. Hence, I find no merit in the contentions of petitioners to issue a direction to the respondents for payment of compensation to the petitioners as their land was not requisitioned by the Executive Engineer and not acquired by the respondents - Writ petition dismissed.

ORDER :

1. Chinamatla Venkata Subbamma and 6 others filed this petition under Article 226 of the Constitution of India to issue an appropriate order, writ or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.1 to 4 in not paying the compensation/ex gratia to the petitioners for the land acquired by the respondents for Somasila Project Y.S.R.Kadapa District is illegal and arbitrary, consequently direct the respondents to take steps to implement the memo of respondent No.1 dated 23.01.2020 for payment of compensation to the land situated in Rangampally village, Atluru Mandal, Y.S.R. Kadapa District in Sy.No.1/1 an extent of Ac.2.02 cents belongs to petitioner No.1, Sy.No.4/1 an extent of Ac.1.82 cents belongs to petitioner No.2, Sy.No.29/1 an extent of Ac.0.41 belongs to petitioner No.3, Sy.No.29/2 an extent of Ac.0.65 cents belongs to petitioner No.4, Sy.No.29/3 an extent of Ac.0.38 cents belongs to petitioner No.5, Sy.No.29/4 an extent of Ac.1.10 cents and Sy.No.29/5 an extent of Ac.0.26 cents belongs to petitioner No.6, Sy.No.29/6(A) an extent of Ac.1.09 cents belongs to petitioner No.7 and also consider the representation dated 16.09.2019 in the interest of justice.

2. The factual matrix of the case of the petitioners is that Rangampally village of Atlur Mandal is one among the sub-merged villages under foreshore water of Somasila Project. The petitioners own land in the said village. The details of the land are shown in the table hereunder:

Petitioner No.

Sy. No.

Extent in Ac. & cents

1

1/1

2.02

2

4/1

1.82

3

29/1

0.41

4

29/2

0.65

5

29/3

0.38

6

29/4

29/5

1.10 & 0.26

7

29/6(A)

1.09

3. It is further contended that the Rangampalli Village of Atloor Mandal is located on the left bank of Sagileru River which confluence into Pennar river near Malinenipatnam village on the downstream side of about 3 kilometers from Rangampalli Village. The said village exist between +315' and +330' contour of Somasila Dam, due to which the village get submerged in the back water of the Reservoir, if water is stored up to FRL. Further the land and houses in the village were already acquired previously as per the FRL 330’ contour survey except the land of the petitioners.

4. The petitioners are making representation to the respondents since long time i.e. 02.01.2011 with a request to acquire the land of the petitioners as the major part of land in the village was already acquired in the year 1992 itself and passed Awards for payment of compensation to the owners of the land; that the petitioners are not in a position to enter into their land; it is impossible to cultivate their land and the same is kept idle without raising any seasonal crop and regular paddy; further informed that the back water of the reservoir surrounded on all the three sides of this village and on the other side a hill and forest are located, as such there is no road connectivity to their village, and that due to back waters, the communication would cut-off to the village, if, water is stored up to FRL of Somasila Project, the village has no electricity supply nor protected water supply. In view of the same the petitioners were forced to go to other village to settle down. The petitioners are living by doing cooli work on daily wage basis and they lost their livelihood on account of storage of back water of Somasila project, in their land.

5. Basing on the representation made by one of the villagers, the Project Engineer given requisition to the Government for acquisition, basing on the same their land was acquired through Special Officer, District Empowerment Committee, and the Government taken possession of the land. But, the respondents are not paid compensation to the petitioners for their land. They are making representations continuously to the respond

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