THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2045 of 2010

ORDER:

This Writ Petition is filed seeking the following relief:

“...issue a writ of Mandamus or any other appropriate writ, order or direction, declaring the proceedings of the 1st respondent vide D.O. Lr. No. 51120/APIIC/LAC/99 dt. 24.7.2009 seeking to issue orders under Sec. 147 of A.P.PR. Act 1994 transferring powers and functions of Gram Panchayat to APIIC Ltd., in respect of Industrial Park at Indrakaran Village and Gram Panchayat, Sanga Reddy Mandal, Medak District to enable APIIC to exercise of powers and functions as illegal, arbitrary and unreasonable and set-aside the same and further set aside the orders of the 5th Respondent vide No D3/14/82 dt 1051985 and consequently direct the respondents not to interfere with the agricultural lands of the petitioners in any manner under the guise of Industrial Park and pass...”

2. Heard both sides.

3. Learned counsel for the petitioners submit that the respondent No.5 acquired the lands of the petitioners as per notification under the Land Acquisition Act, 1894 (for short, “the Act, 1894”) from Indrakaran Villagers for establishment of Ordinance factory for the total land to an extent of Acs.1341.20 gts. and thereafter, the Ordinance factory constructed a compound wall with security. The petitioners continued their possession even after passing land acquisition Award and cultivated the same as the lands are lying outside the compound wall of Ordinance factory. The respondent No.8 factory has never objected the cultivation of land and the petitioners are under impression that respondent No.8 has not at all required surplus land outside the compound wall of Ordinance factory and the respondent No.1 has no authority or power dealing with the lands of the petitioners which was acquired long back for construction of Ordinance factory and now the respondent No.1 is trying to transfer the powers and functions of Gram Panchayat to Andhra Pradesh Industrial Infrastructure Corporation Limited (for short, “A.P.I.I.C. Ltd.,”) and the same is illegal and arbitrary.

4. Learned counsel for the petitioners further submitted that the respondent No.1 issued impugned proceeding proposals to transfer the powers and functions of Gram vide Panchayat to A.P.I.I.C. Ltd., D.O.letter No.51120/APIIC/LAC/99 dated 24.07.2009, and the same is arbitrary and illegal and to direct the respondents not to enter into the lands of the petitioners for establishment of industrial park in the scheduled properties.

5. On the other hand, the learned Assistant Government Pleader for Land Acquisition for the respondent Nos.4 and 5 and learned Standing Counsel for respondent No.1 submits that the land, once belonged to the petitioners, has been acquired under the provisions of the Act, 1894 and the Ordinance factory took possession of the land of the petitioners for the purpose of establishment of Ordinance factory and the petitioners are no longer owners or possessors thereof and cannot ask for a mandamus to be issued in the absence of enforceable legal rights for agricultural purpose and the same was transferred to the A.P.I.I.C. Ltd., for the purpose of development of ancillary Industrial Park which is a public purpose. Utilization of land, acquired under the Act, 1894 cannot be faulted in view of the law laid down in Keshavananda Bharathi V. State of Kerala1. The petitioners are no longer have any

1 AIR 1996 SC 1352, 2000 (6) ALT 337 and 2001 (3) ALT 25

right over the land in question and they cannot seek to achieve indirectly what they cannot achieve directly.

6. Learned counsel for the respondents further submits that respondent No.1 issued impugned letter dated 24.07.2009 addressed to the Government (Principal Secretary, Pachayat Raj and Rural Development Department seeking transfer of powers of the Gram panchayat to the A.P.I.I.C. Ltd., pertaining to the Industrial park to enable the respondent No.1 to exercise the powers and functions of the Gram panchaya