IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA, J.
L. Nanda Kumar Reddy – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 22039 of 2016
Decided On : 13-12-2022
Constitution of India, 1949 – Article 226, 300 – Agricultural Land Ceiling Act, 1972 – Land Acquisition Act, 1894 – Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Power of High Court to issue Certain Writs – Compensation – Petitioner’s uncle owner of a huge extent of land in Anantapur District along with his family members – Agricultural Land Ceiling Act to Government – Held, Respondents are hereby directed to take steps for return of land to petitioner – Respondents are intended to withhold land for purpose of Project should acquire land by following due process of law as required damages compensation is concerned – Petitioner is at liberty to make a fresh representation seeking damages compensation for withholding land respondents wife of landlord made an application for return of land – Writ petition is allowed.
ORDER :
1. The present writ petition is filed under Article 226 of the Constitution of India for the following relief:
“.......to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not returning Ac. 6-48 cents of land in Sy. No. 518 and 520, situated in Kanekal Village and Mandal, Anantapur District, Andhra Pradesh to me, as arbitrary, illegal, unjust, violative of the fundamental and constitutional rights guaranteed under the Constitution of India and issue a consequential direction to the Respondents to forthwith return the aforesaid land or in the alternative acquire the aforesaid land and pay compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also pay damages for unauthorized use and occupation of the aforesaid land even after completion of the Tungabhadra Project and pass such other order or orders.....”
2. The brief facts of the case are that the petitioner’s uncle is the owner of a huge extent of land in Anantapur District. He, along with his family members, surrendered about Ac. 600 of land under the Agricultural Land Ceiling Act to the Government. In respect of an extent of Ac. 14-57 cents of land (Ac. 10-00 cents in Sy. No. 518, Ac. 3-53 cents in Sy. No. 520 A3 and Ac. 1-04 cents in Sy. No. 520C) situated in Kanekal Village and Mandal, Anantapur District, Andhra Pradesh, owned by him, he being a Member of the Legislative Assembly and a public-spirited person and with a view to ensure that the Tungabhadra Project is completed at a swift pace to avoid any delays in land acquisition proceedings, he offered to handover, free of cost, the aforesaid Ac. 14-57 cents of land to the Tungabhadra Project High-Level Canal Division (TBPHLC Division) for construction of temporary and semi-permanent offices and residential buildings, petrol/diesel bunk, inspection bungalow, etc., on the condition that the aforesaid lands should be returned after the completion of the Project. Then, the Irrigation Department agreed to the said understanding, in the year 1967, then Sri L. Chinnappa Reddy handed over the said extent of Ac. 14-57 cents to the 4th respondent. In fact, in accordance with the said understanding, an extent of Ac. 5-59 cents (Ac. 4-60 cents in Sy. No. 518, Ac. 1-04 cents in Sy. No. 520 A3 and Ac. 0-95 cents in Sy. No. 520 C) from out of the aforesaid total extent of Ac. 14-57 cents was returned to L. Chinnappa Reddy, in the year 1978.
3. As the matter stood thus, L. Chinnappa Reddy and his wife, L. Syamalamma executed a Will dated 14.11.1980, registered as Document No. 35 of 1980. As per the said Will, life interest over all the properties including the aforesaid Ac. 14-57 cents of land was created in favour of L. Syamalamma and the reminder was bequeathed in favour of the petitioner. As L. Chinnappa Reddy and his wife L. Syamalamma died in the years 1981 and 2015, respectively by virtue of the aforesaid will, the petitioner became the absolute owner of the aforesaid land apart from other properties as per the will. Though the project work was completed long back, the balance extent of Ac. 9-98 cents was not handed over as promised. Therefore, the petitioner, along with L. Syamalamma submitted a representation dated 23.02.2013 to the 4th respondent seeking redelivery/return of Ac. 8-98 cents of land (Ac. 6-40 cents in Sy. No. 518B and Ac. 2-58 cents in Sy. No. 520A1).
4. On receipt of the said representation, the 4th respondent addressed Letter No. 614M, dated 08.04.2013, to the 6th respondent, categorically stating that Ac. 114-57 cents of land was handed over in the year 1967 to TBPHLC Division for construction of buildings, that the Land Reforms Appellate Tribunal, Anantapur declared those lands as non-agricultural lands which were given to public works department for HLC Colony, free of cost, on condition that the lands should be r
Raju S. Jethmalani and Others vs. State of Maharashtra and Others
SupremeToday
In the absence of documentary evidence, the official respondents failed to prove the oral gift of the land to the government/panchayat for public purpose.
Land once vested in the state cannot be reconveyed to the original owner unless specific legal conditions are met and public purpose is no longer required.
Once possession of the acquired land is taken, the government cannot ordinarily re-convey it to the original owner. The decision of re-conveyance is required to be made by the competent authority and....
The court established that land once acquired vests with the State, and claims of non-possession or non-payment do not negate the validity of the acquisition.
The court emphasized that land acquisition must follow due process, and failure to do so renders the acquisition invalid, protecting the property rights of individuals.
Extraordinary writ jurisdiction under Article 226 is discretionary and can be denied due to unreasonable delay in seeking relief.
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