HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION Nos.17345, 17715 AND 17776 OF 2010

COMMON JUDGMENT :

Grievance of the petitioners in these writ petitions is that the Government having acquired their lands admeasuring Acs.5-00 guntas each in Survey Nos.631/49, 631/46 and 631/48, respectively, situated at Thogudem Village, Aswaraopet Mandal, Khammam District, has not paid compensation.

2. Since the common issue involved in all these writ petitions, they are being disposed of by this common judgment.

3. Facts in W.P. No.17345 of 2010, which is the leading case, are referred to for disposal of these writ petitions.

4.1. It is stated that the petitioner viz., Mrs. Kursum Muthamma, wife of Mr. K. Krishna, was assigned Acs.5-00 of land in Survey No.631/49 situated at Thogudem Village, Aswaraopeta Mandal, Khammam District, under landless poor quota. The petitioner had been in physical possession and enjoyment of the subject land for the past more than fifteen (15) years. She had been cultivating the land by raising seasonal crops. She belongs to the Schedule Tribe (Koya Caste) community. She was issued pattadar pass book under the provisions of the ROR Act. The Mandal Surveyor conducted enjoyment survey and the Mandal Revenue Inspector prepared the list of beneficiaries. As per the beneficiaries list, the Government has issued pattadar pass book in favour of the petitioner in 2008.

4.2. It is stated that the subject land belonging to the petitioner was acquired under the Indira Sagar Project for construction of Bandarugumpu New Water Tank. The petitioner approached respondent Nos.1 to 3 several times requesting for payment of compensation, but they have not paid.

Hence, the petitioner was constrained to approach this Court.

5.1. Respondent Nos.1 to 3 filed counter affidavit contending that the then Executive Engineer, Dummugudem Project Division - II, Aswaraopeta of erstwhile Khammam District has submitted L.P. Schedules for acquisition of the land admeasuring Acs.197-04 guntas in Thirumalakunta Revenue Village of Aswaraopeta Mandal, Bhadradri Kothagudem District, for formation of New Tank at Bandarugdem under Indira Sagar Rudramkota Lift Irrigation Scheme (ISRLIS). The requisition proposals have been sent to the Assistant Director, Survey & Land Records, Khammam District, for conducting survey and to prepare the scrutinised records in respect of Acs.196.14 guntas of Government land and assigned land. The Assistant Director, Survey & Land Records, Khammam District conducted survey, prepared Sub-Division records along with enjoyment list and submitted records to the office of the Special Deputy Collector & Land Acquisition RDLIS & ISRLIS, Palvancha, vide Letter Rc.No.A5/615/2008 dated 30.08.2008.

5.2. As per the sub-division record and enjoyment list, for an extent of Acs.4-34 guntas of patta land, proposals under Section 4(1) and draft declaration under the Land Acquisition Act 1894 have been submitted to the Special Collector, Indira Sagar Project Polavaram, Khmmam, vide Office Letter No.B1/38/2008, dated 06.12.2008, which was published in the District Gazette No.195/2008 dated 15.12.2008 (Draft Notification) and the Gazette No.196/2008 dated 16.12.2008 (Draft Declaration) and also published in the newspapers. It is stated that the respondents’ authorities have published the same on the notice boards in the offices of Gram Panchayath, Tahsildar, MPDO, Sub-Registrar, District Collector, and the Revenue Divisional Officer, calling for objections from the interested persons.

5.3. Out of the total extent of Acs.196-14 guntas of the required land, an extent of Acs.191-20 guntas is covered by the assigned land and the Government land encroached by the Tribes and Non-Tribes and also covered with road, Vagu, Canal etc. The then Deputy Collector has resumed the lands to an extent of Acs.143-00 guntas and payment was also made to the concerned land losers, who have encroached the Government land, under ISRLIS vide office Letter No.B/812/2008