IMPORTANT POINT
The court established that proper notice and compensation are essential in land acquisition, reinforcing the rights of landholders under the Land Acquisition Act.

ORDER :

1. This Writ Petition is filed seeking a direction to the respondents to pay the compensation in respect of the lands of the petitioner-company to an extent of Ac.2.00 of land including Guva trees, a bore well, a room and fencing, covered by Sy.Nos.837/7, 837/8A, situated at Pamulaparthy Village of Wargal Mandal of Medak District, which was acquired by the respondents.

2. Heard the learned Counsel for the petitioner-company and the learned Government Pleader for Land Acquisition appearing for the respondents.

3. The learned Counsel for the petitioner submits that the petitioner-company is the owner and possessor of land to an extent of Ac.43.00 Guntas in Sy. No. 837/7 and 837/A situated at Pamulaparthy Village, Wargal Mandal of Medak District having purchased the same through various registered sale deeds from the patta holders. After purchasing the same the name of the petitioner-company was mutated in the revenue records and pattadar pass books were also issued in the name of the petitioner-company to the said extents of lands in Katha bearing No. 136, vide Pass Book No. 664936.

4. The learned Counsel for the petitioner further submitted that the respondent authorities have proposed to lay pipe line for Abdul Kalam Sujala Sravanthi (GDWSS-PH-I) Project, through 2 acres of land of the petitioner-company, which was covered with Guava trees, a room, gate, fencing, bore well of 6½” without issuing any notice to the petitioner. Then, the petitioner-company made representation to the respondent No. 2 on 05.05.2012 requested to pay the compensation for the land to be acquired by the respondent authorities. Thereafter also the petitioner filed several representations to the respondent authorities, but the respondents without answering the same, laid the pipe line through the subject lands of the petitioner without paying any compensation and also without following the procedure laid down under the Land Acquisition Act, 1894.

5. The learned Counsel for the petitioner-company further submits that the petitioner-compnay was yielding Rs.2,00,000/- per annum from 220 Guava trees, besides well grown bamboo plantation in the border with fence, a bore well, room and well secured gate in the acquired land. The petitioner-company is entitled to receive compensation for the acquired land including compensation for guava trees, bore well, structures, etc.

6. The learned Counsel for the petitioner further submitted that the Vendor of the petitioner-company was in possession of the subject land from 1954-55 and the respondents having knowledge about the petitioner was in possession at the time of acquisition and the petitioner was also issued with Pattadar Pass books and pahanies and they were paying taxes for the subject land for all the years and petitioner-company has perfected its title through adverse possession and the respondents are estopped from claiming that the subject land is a Government land and requested to allow the writ petition directing the respondents to pay the compensation for the acquired lands and also compensation for trees, structures, etc.

7. The learned Government Pleader for Land Acquisition basing on the counter would submit that the land in question i.e. Sy. No. 837 is purely Government land, classified as Poramboke land, which was unauthorizedly purchased by the petitioner-company. As per the report of the Tahsildar, Wargal, Dated 10.07.2012 survey No. 837 is divided into two types i.e. Sy. No. 837/A and 837/AA, to an extent of 105.04 guntas Government land and Sy. No. 837/1 to 837/10 to an extent of Ac.127.00 guntas as patta land and as per the Setwar record the land in question is a Government land, as such the report of the Tahsildar is not correct. As the land in question is situated in Sy. No. 837 situated at Pamualparthi Village is Government land and the claim of the petitioner company is not genuine and the subsequent changes in Revenue records after in Khasara Pahani for the year 1954-55 and subsequent pa