IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8577 of 2008 Between: 1 Doddarapu Padmavathi, W/o. Ramesh Babu, R/o. Balijagadda, Gurramkonda Village and Mandal, Chittoor Dist., 2 Doddarapu Nagulamma, W/o. Doddarapu Chinnappa, R/o. Balijagadda, Gurramkonda Village and Mandal, Chittoor Dist., 3 Doddarapu Vasanthamma, W/o. Govindu, R/o. Ramakrishna Reddy Nagar, Gurramkonda Village and Mandal, Chittoor Dist., 4 Nakka Ademma, W/o. Nakka Pullanna, R/o. Balijagadda, Gurramkonda Village and Mandal, Chittoor Dist., ..... PETITIONERS AND 1 The District Collector, Chittoor, Chittoor District. 2 The Tahsildar, Gurramkonda Mandal, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or dirction mor particularly one in the nature of writ of Mandamus, holding the action of the Tahsildar, Gurramkonda Mandal, Chittoor District in resuming the lands of the petitioners, an extent of 0.34 cents in Sy.No.5-5-C , 0.11 cents in Sy.No.5-7-C, 0.25 cents in Sy.No.5-5-B, and 0.50 cents in Sy.No.5-6, 0.47 cents in Sy.No.5-7A and an extent of 0.41 cents in Sy.No.5-7E and 0.87 cents in Sy.No.5-4-C. of Chitiboinapalle vilage, Gurramkonda Mandal, Chittoor District and without following the due proces of law, acquisition Act is illegal, arbitraryl and against to fundamental rights guaranteed by Articles 14 and 31-A of the Constitution of India, and pass Counsel for the Petitioner: MR.D.KODANDARAMI REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.8577 of 2008 O R D E R: The learned counsel appearing for the petitioners submits that admittedly the lands in question are the assigned lands and those assigned lands are sought to be resumed by the respondent for public purpose under “ III Phase Indiramma Housing Scheme” for providing house sites to the landless poor. The Government has eminent domain to acquire even the assigned lands for public purpose. But, however, this Court, by order dated 09.10.2006 in W.P.No.19778 of 2006 and batch, held that even if the land that is sought to be resumed, is assigned land, the Government is bound to pay compensation i.e.ex-gratia but not market value, in accordance with the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’), and accordingly, directed the respondents therein to pay compensation/ex-gratia as per the provisions of the Act including solatium, additional compensation and interest. Having regard to the facts of the case, the Writ Petition is disposed of, directing the respondents not to dispossess the petitioners from the lands in question, unless the compensation/ex-gratia, including solatium, additional compensation and interest is paid, in accordance with the provisions of the Act. ___________________ V.ESWARAIAH,J Dated: 19.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Chittoor, Chittoor District. 2 The Tahsildar, Gurramkonda Mandal, Chittoor District. 3.2CCs to 4.2CD copies