IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.1880 of 2009 Between: Chillara Venkata Ramudu and sixty-eight others ..... PETITIONERS AND The Principal Secretary, Irrigation Department and four others .....RESPONDENTS ORDER: This court issued rule nisi on 05-02-2009. Learned Assistant Government Pleader for Land Acquisition had placed the written instructions submitted by Special Deputy Collector (L.A.,), G.N.S.S., Unit-iII, Muddanur before this court. Sri Rathanga Pani Reddy, learned counsel for the petitioners has taken this court to the affidavit filed in support of the writ petition and made submissions. Learned Assistant Government Pleader for Land Acquisition also had pointed out to the written instructions and made certain submissions. The writ petition is filed for a writ of mandamus to declare the action of the respondents in not paying the compensation to the petitioners houses/structures at Chowtupalli village of Kondapuram Mandal, Kadapa District which are under submersion of Gandikota Project, as illegal, arbitrary and voilative of Articles 14, 19, 21 and 300- A of Constitution of India and consequently direct the respondents to pay the compensation to the petitioners aforesaid houses/structures. The petitioners are residents of Chowtupalli village of Kondapuram Mandal, Kadapa District. The respondent-Government constructed Mylavaram Dam in the year 1974 to 1976 and at that point of time some of the lands and houses in the village were acquired by the respondents by passing awards for meager amounts. Further it is stated that the fact that even though certain lands and houses in the village were acquired they were not under actual submersion as this village is at the upper reach of Milavaram Dam and water storage level of the Dam was such that this village is not under submersion and accordingly all the residents have not vacated the village and started cultivating their lands. As the village is not under the submersion the respondents also had not treated the village as submersed one and recognized it’s continuous existence as the people of the village have constructed more number of houses due to the divisions within the family and most of the people/petitioners had constructed new pakka buildings in the place of the buildings made out of the mud or huts which were under dilapidated condition. The Governmental activities which have been carried out has been recognized to. It is also stated that the respondents laid the cement roads, drainage channels in the village by sanctioning the funds under different schemes to the village. The upper primary school of this village is upgraded as High School by starting classes from 7th to 10th, Veterinary Hospital is constructed in the middle of the village. There is an Electric Supply and entire villagers have been paying the Electricity Bills without any fail. Government also provided Drinking Water Facilities by constructing tank and by installing the taps in different areas of the village. Government also preparing the voter list of the village from time to time and all the petitioners/villagers are casting their vote in all elections of Assembly, Parliament and Local elections including Sarpanch elections. There is Fair Price ration shop in this village and all other benefits like Arogya Sri Cards, House Hold cards are issued to the petitioners/villagers, they are filing the documentary proof of the voter’s list and documents pertaining to the aforesaid development activities done by the respondents in this village. Further it is stated that the aforesaid facts clearly established that even though the well existing process in this village were acquired for the purpose of Mylavaram Dam this village was never under submersion as the same is under upper reach and accordingly this village was recognized by the respondents as non-submergence village and accordingly they have extended all the benefits/facilities to this village on several other further facts also have been narrated in paras 5, 6 and 7 of the affidavit filed in support of the writ petition. It is stated that the matter stood thus the respondents proposed for construction of Gandi Kota Project across the Penna River for the purpose of storing about 13 TMC water and accordingly initiated Land Acquisition Proceedings for acquiring both houses and lands of about 8 villages including this Chowtupalli village which is under submersion of the Gandi Kota Project. Second and third respondents herein initiated land acquisition proceedings in the year 2007 by preparing the estimates/valuations of the lands and structures of the said 8 villages and accordingly they have also prepared statement of valuation of structures of this village for 749 houses. The said valuation report is filed and the same may be read as part and parcel of this affidavit. Further it is stated that after preparing the aforesaid valuations and estimates and after following the procedure under Land Acquisition Act respondents have been paying the compensation to all the aforesaid villages both for lands and structures whereas not paying the same to structures of this village alone. When the petitioners approached the respondents, they informed them that since their village was acquired in the year 1976 some difficulty coming in their way to pay the compensation now and they further informed the petitioners that since this village was recognized by the Government as non-submergence village under Mylaram Dam by extending all the Government benefits and facilities and allowing the people to construct new houses and reconstructions in the village, the decision will be taken at Government level for payment of atleast ex-gratio if not full compensation. The petitioners have been representing the respondents for payment of full compensation and respondents have been dodging the matter without taking any decision. It is also further stated that now to the utter shock and surprise of the writ petitioners respondents are making hectic efforts to store the water in the Gandi Kota Project in the forth coming rainy season as the construction of the project is almost completed and if the same is allowed the petitioners will be put to irreparable loss as their houses will be submerged and will become homeless and their entire family will become shelter less. For the reasons stated in the above paras, all the petitioners are entitled for the compensation for their houses as this village was recognized by the respondents as non-submergence village and under those circumstances either the petitioners have reconstructed the houses in the place of the old mud and thatched houses or constructed new houses in the open sites and as stated supra the petitioners have the right to legitimate expectation for payment of compensation as this sovereign state is the welfare state. In such circumstances the learned counsel for the petitioners has been filed written instructions before this court, several details and particulars have been narrated and it is stated that the awardees have been paid compensation according to their right over the lands/structures leaving the ineligible persons who have occupied the Government lands such as P.W.D. Poramboke and riverbed poramboke. Hence, the petitioners are not entitled for compensation for the extentions made to the structures already paid and new structures raised after payment of compensation to the existing structures. Certain other further facts have also been narrated and several details which have been narrated in the written instructions need not be further elaborated. However, in the light of the peculiar facts which had been explained without expressing further opinion this court is of the considered view that the writ petition should be disposed of directing the first respondent to consider the case of the writ petitioners in the light of the averments made in support of the affidavit during the same as representation and to dispose of the same after duly considering the same in accordance with law within a period of three months from the date of receipt of this order. It is needless to say that the written instructions placed before this court also be treated as part and parcel of the said record and let the first respondent take into consideration of the aspects and take an appropriate decision by duly disposing of this representation in accordance with law within a period of three months from the date of receipt of a copy of this order. The writ petition is disposed of with the aforesaid direction. No costs. ___________________ P.S. NARAYANA, J August 13, 2009. PN/SMR Note: Copy in three days. THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.1880 of 2009 August 13, 2009