HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT APPEAL No.474 of 2001 Dated: 21-03-2011 Between: The Managing Director, Hyderabad Metropolitan Water Supply & Sewerage Board, Hyderabad and another …Appellants AND K.Jaganmohan Reddy and others Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE N.RAVI SHANKAR WRIT APPEAL No.474 of 2001 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This intra-court appeal under Clause 15 of Letters Patent is directed against the orders of the learned single Judge, dated 4.11.1997 passed in W.P.No.797 of 1991 disposing of the writ petition with a direction to the appellants herein to initiate the proceedings under the Land Acquisition Act, 1894 (for short ‘Act’) in respect of the alleged area which is under submergence and pass appropriate orders on such initiation of the proceedings under the Act. The writ petition was filed by the writ petitioners-respondents herein numbering 114 claiming that they are residents of Mubarakpur Village, Sadashivpet Mandal in Medak District and owning the agricultural lands, part of which was previously acquired by the Government for the purpose of constructing Manjeera Project, Phase-II for providing drinking water to the twin cities of Hyderabad and Secunderabad. After issuance of acquisition proceedings, necessary awards were also passed for payment of compensation. Even after such acquisition, the remaining lands of the petitioners are subjected to submergence which are adjoining to the lands that were already acquired. Therefore, they made a representation to the District Collector and all the revenue officials bringing it to their notice about the submergence of the lands which are not subject-matter of earlier acquisition thereby depriving the petitioners of their right to cultivate the lands and requested them either to reduce the level of the water stored in the Manjeera Project, Phase-II or in the alternative to acquire the lands which are being submerged due to the storage of the water in the project. Since the said representation has not evoked any response from the officials, the present writ petition came to be filed for issuing a writ of mandamus directing the respondents-appellants herein to acquire the submerged lands of the petitioners in various survey numbers annexed to the writ petition. The Executive Engineer, Water Supply and Sewerage Maintenance, Division No.8, Patancheru-third respondent in the writ petition filed a counter affidavit on behalf of respondents 3 and 4 stating that after detailed survey, the requisition department submitted proposals for acquisition of various survey numbers which would come under submersion due to the execution of Manjeera Project-III, Phase- II. Proceedings for acquisition of the submerged lands were initiated and award was passed. During the monsoon season, wherever there is heavy rain in the catchment area, the Manjeera River will be flooded due to which, some of the lands abutting the river may get submerged for 3 or 4 days only and all the petitioners are cultivating the lands and revenue records clearly indicates about their cultivation of the said lands. The third respondent being the requisitioning authority conducted survey of the land in survey numbers covered by the writ petition and it was found an area of Ac.68.20 gts. of land covered by Sy.Nos.350, 92, 469, 355-352-363-353-158-471-453-467-447-8-211- 224/2-201-334-224-346-154/A-191/112-335-344-330-201-425-430- 184-227-306-186-172-450-355-357-340-331-427-229-154-455-93-57 is coming under submergence and the remaining area is not coming under submergence, which cannot be acquired. Out of the areas coming under submergence, an extent of Ac.40.25 gts. of land in Sy.No.338, 351, 301, 248, 247, 375 and 356 has already been acquired and award has been passed by the Land Acquisition Officer. In respect of the remaining area of Ac.18.20 gts., the acquisition authority is taking steps to furnish detailed requisition proposals to the Land Acquisition Officer. The third respondent-requisitioning authority, on re-survey with reference to Full Reservoir Level, identified that an extent of Ac.18.20 gts. of land is coming under submersion and necessary requisition proposals would be sent to the Land Acquisition Officer and to the extent of that area, proceedings will be initiated for acquisition. Considering the counter affidavit filed by the third respondent, the learned single Judge of this Court disposed of the writ petition directing the respondents to take immediate steps to get the report in the matter and initiate the proceedings under the Act in respect of the alleged area, which is coming under submergence and complete the formalities. After disposal of the writ petition, a notification dated 16.11.1998 was published in the A.P. Gazette, Part-I extraordinary notifying various extents of survey numbers, in all measuring Ac.145.32 gts. of land under Section 4(1) of the Act. Since no award was passed pursuant to the issuance of said notification, Contempt Case No.1723 of 2000 was filed alleging violation of directions issued by this Court and the said C.C. is pending. After initiation of contempt proceedings, the present Writ Appeal was filed on 30.3.2001 by the requisitioning department with an application to condone the delay in filing the appeal, which was condoned on 23.4.2001 and pending the appeal, this Court stayed the order passed by the learned single Judge. The second respondent, who has not chosen to file any counter affidavit pending the writ petition, filed a counter affidavit in the writ appeal stating that the Executive Engineer of appellant-Board by his letter, dated 27.12.1991 submitted proposals for acquisition of an extent of Ac.262.16 gts. of land for submergence under Manjeera Project, but the requisition department did not provide necessary funds for acquiring the land. The Special Deputy Collector by his letter, dated 21.11.1998 requested the Executive Engineer, Manjeera Water Works for providing necessary funds of Rs.48,48,681. While so, the General Manager of the appellant-Board through his letter, dated 18.12.1998 requested the Land Acquisition Officer, Singur Project to initiate land acquisition proceedings stating that necessary funds would be provided at appropriate time. Accordingly, the draft notification proposals were submitted to the Land Acquisition Officer to acquire the land to an extent of Ac.145.33 gts. and on approving the draft notification under Section 4(1) of the Act by the District Collector, urgency clause was invoked under Section 17(4) of the Act dispensing with enquiry under Section 5-A of the Act. Accordingly, notification under Section 4(1) of the Act and the draft declaration under Section 6(A) of the Act were published in three modes as contemplated under the Act. Subsequent to the said publication, the requisition department vide its letter, dated 19.11.2000 requested to resurvey the lands coming under submergence and leftover from previous requisition as per contour line stones fixed by the department as the contour line stones earlier fixed were suspected to be disturbed by vested interested persons. By further letter, dated 18.12.2000 the General Manager of the appellant-Board requested the Special Deputy Collector, Singur Project to drop the land acquisition proceedings. Accordingly, no further action was taken pursuant to the notification issued under Section 4(1) of the Act and declaration under Section 6 of the Act. It is further stated that the Executive Director of the appellant- Board by his letter, dated 15.10.2009 informed the Special Deputy Collector, Singur Project that the lands belonging to the writ petitioners mentioned in the Annexure to the writ petition are not coming under the submergence. Further the revenue records from 1991 onwards reveal that the petitioners are cultivating not only the lands which are shown in the annexure to the writ petition but also the lands which were acquired earlier. In view of the stand taken by the appellant-Board and the District Collector and as there are disputed questions of fact involved with regard to the land claimed to be submerged, this Court by order dated 17.11.2009 directed the Assistant Director, Survey and Land Records, Sangareddy, to survey the land in question in the presence of the Executive Engineer of the appellant-Board and Special Deputy Collector (Land Acquisition), Singur Project so as to find out whether the survey numbers referred to in the appeal (writ petition) would submerge under the reservoir if the water is stored at full reservoir level, after issuing notice to the appellants and also the advocate appearing on behalf of the writ petitioners and to submit a report. In response to the direction issued by this Court, the Assistant Director, Survey and Land Records, Medak at Sangareddy submitted a repot, dated 18.11.2010 along with the sketch maps and annexure stating that the survey was conducted by three teams in the presence of the representatives of the writ petitioners, who appointed Sri Bagaiah, Ex- Sarpanch, Mubarakpur Village, who in turn, appointed three representatives to follow the three survey teams farmed by the Assistant Director, Survey & Land Records, Medak at Sangareddy. The report discloses that the survey was completed on 11.6.2010 and the land to an extent of Ac.18.26 gts. is only coming under the actual submergence and certain lands covered by the appeal are coming within limits of full tank level and the lands which are coming within the limits of full tank level are shown in the sketch annexed to the report. To the said report, objections were filed by the writ petitioners stating that the Commissioner failed to furnish the data pertaining to the actual submergence of lands during the peak period in rainy season since when the inflow is continuous, the back water of the project is submerging the lands belonging to the writ petitioners and thereby the standing crops get damaged. In the counter affidavit filed by the appellant-Board in the writ petition, it is admitted that the land to an extent of Ac.68.20 gts. is coming under submergence, but the Commissioner failed to consider the actual area of submergence as admitted, which is incomplete and therefore, the report cannot be acted upon. In the additional affidavit filed by the General Manager of the appellant-Board in support of the report submitted by the Assistant Director, Survey and Land Records, Medak at Sangareddy, it is contended that the writ petitioners are cultivating the lands, which fact is borne out from the revenue records and the merits of claim of the petitioners with regard to the submergence of the land more than the area covered by the report have to be agitated before the appropriate forum set up under the provisions of Andhra Pradesh (Telangana Area) Irrigation Act, 1357, but the same cannot be decided in the writ petition. We have heard the learned counsel for the appellants and also the learned counsel for the respondents-writ petitioners at length and gone through the report and respective pleadings of the parties put forth before the learned single judge. The entire dispute between the appellants and the writ petitioners centres around the actual area of the land which is being submerged or likely to be submerged under the Manjeera Project, Phase-II. The report of Assistant Director, Survey and Land Records, Medak at Sangareddy, which was called for by this Court discloses that the land to an extent of Ac.18.26 gts. only will be submerged in addition to the extent of land already notified in various survey numbers i.e. Sy.Nos.7,10,11,94,450,458,459,469,470,304,305,338,342 and 343. Though in the annexure filed along with the writ petition several other survey numbers have been mentioned, the same have not been referred in the report submitted by the Assistant Director, Survey and Land Records. It is now settled that when the lands have been notified under the provisions of the Land Acquisition Act and when they are acquired for the purpose of construction of a reservoir or after completion of the reservoir when they are submerged, the land owner whose land was notified under Section 4(1) of the Act, if disputes the area covered by the said notification, can seek a reference on passing the award under Section 18 of the Act for due determination of the area covered by the notification and can claim compensation with regard to the land which was not notified though submerged or only part of the area is notified and on such reference being made, the parties can adduce evidence to substantiate their pleas about the actual area which is to be notified in the notification. So far as the lands which were not subject-matter of the notification under Section 4(1) of the Act is concerned, the parties can approach the forum constituted under the Andhra Pradesh (Telangana Area) Irrigation Act, 1357 to ventilate their grievance about the submergence of their lands and can seek compensation or can institute a suit or pursue appropriate remedy for the loss caused to them due to the submergence of their land under the reservoir. Accordingly, we dispose of the writ petition modifying the order passed therein directing the respondents-appellants herein to take steps to acquire the land which is likely to be submerged by initiating the proceedings under the Land Acquisition Act and pass an award to the said effect within four months from the date of receipt of a copy of this order. On issuing the notification under Section 4(1) of the Act, the writ petitioners are at liberty to avail the remedies available under the provisions of the Act. The writ appeal is accordingly disposed of. No order as to costs. ________________ A. GOPAL REDDY, J. ________________ N.RAVI SHANKAR, J. MARCH 21, 2011 Tsr