IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10775 of 2008 Between: 1 Y.Radhakrishna Das S/o.V.Narasimha Rao R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 2 N.V.Brahmaiah S/o.Subbaiah R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 3 S.Madhusudhan S/o.S.Bhoosaiah R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 4 P.Benarjee Babu S/o.Venkat Ratnam R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 5 K.Ratna D/o.P.Benarjee Babu R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 6 V.Ashok Kumar S/o.V.Keshava Rao R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 7 S.Nanda Kumar S/o.Venkateswara RAo R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 8 V.S.Appa Rao S/o.Subbaiah R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 9 V.Ram Mohan S/o. Rama Rao R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 10 V.Shobandari S/o.Gajendrudu R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 11 P.Kamaiah S/o.Buchi Babu R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 12 V.Bhaskar RAo S/o.Suryanarayana R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 13 V.Sreenivasa Rao S/o.Narasimha RAo R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 14 J.Kotinagulu S/o.Musalaiah R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 15 G.Chakradhar RAo S/o.Venkateswar Rao R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 16 R.R.Krishna Reddy S/o.Rami Reddy Satyanarayana R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 17 S.Veera RAghavulu S/o.Yagna Narayana R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 18 V.K.V.Subrahmaneswar Rao S/o.Arjun Rao R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 19 R.Ramakrishna S/o.Arjun Rao R/o.Dokiparru village Gudlavalleru Mandal, Krishna District 20 Vellanki Laxman Rao S/o.Kumtumba Rao R/o.Dokiparru village Gudlavalleru Mandal, Krishna District ..... PETITIONERS AND 1 Government of AP., rep.by its Principal Secretary Revenue Department, Secretariat Buildings, Hyderabad 2 The District Collector, Krishna District, at Machilipatnam 3 The Land Acquisition Officer & Revenue Divisional Officer Gudivada,Krishna District 4 Smt.Chalasani Annapurna W/o.Late Ch.Uma Maheswara Rao R/o.Flat No.FF2, Subhodaya Apartments, Municipal Employees colony, Vijayawada Krishna District .....RESPONDENTS Counsel for the Petitioner:MS.DEVINENI RADHA RANI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : ORDER: This Writ Petition is filed for a writ of mandamus to declare the action of respondent Nos. 1 to 3 in not considering the representation submitted by the petitioners and others of Dokiparru Village, Gudlavalleru Mandal, Krishna District as illegal, arbitrary and unconstitutional. An extent of Acs.2.00 of land situated in R.S.No.544/1P of Dokiparru Village, Gudlavalleru Mandal, Krishna District belonging to respondent No.2 was acquired for providing house sites to weaker sections under Indiramma Programme by respondent No.3 under notification, dated 25.04.2007, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) and published on 03.05.2007. The petitioners, who claim to be the villagers, filed their objections in the enquiry under Section 5A of the Act. The main objection to the acquisition of the said land put forth by them is that the said land is not ideal for house sites and if the said land is converted into house sites, the entire drainage would be discharged into the water tank situated in the village and water will get polluted. This objection was considered by respondent No.3, and thereafter, he sent his report to respondent No.2. Respondent No.2 passed order, dated 21.03.2008 after considering the objections raised by the petitioners and findings of respondent No.3 whereby he rejected the objections of the petitioners. This order is assailed in this Writ Petition. Smt.Devineni Radha Rani, learned counsel for the petitioners, submitted that respondent No.2 failed to consider the objections raised by the petitioners properly and that if the impugned acquisition is made, the entire water in the tank gets polluted. I have carefully considered the submissions of the learned counsel for the petitioners and I have not felt persuaded to accept the same. In the order passed by respondent No.2, he reproduced the findings of respondent No.3 rendered on the objections filed by the petitioners. It is apt to extract the same. “The lands proposed for acquisition is selected after a thorough inspection of all the lands in the village and no Government land is available in the village for providing house sites and the land now proposed for acquisition is nearer to existing habitations and amicable for providing residential amenities. The Government is providing necessary funds for levelling and other infrastructure facilities. There is a big bund in between the tank and the land proposed for acquisition and therefore the tank water will not be polluted by the proposed acquisition and there will not be any disturbance to water pipe lines from the tank to the village water head tank as there is no pipe lines connection through the land proposed for acquisition. It is not correct to say that if houses are constructed there would be an obstruction of out flow of drain water from 70 acres of land. Proper drainage facility will be provided and therefore the question of water logging, inundation of the remaining land and discharge of waste water into the water tank do not arise. Since, there are no vacant Government/suitable dry land available in the village to initiate the L.A. proposals. That the pattas have already been given to the eligible beneficiaries to the land already acquired an extent of Acs.5.19 cts., in R.S.No.485/2 and the land now proposed for acquisition to the remaining eligible beneficiaries. The objector’s son himself admitted before the Land Acquisition Officer during the course of enquiry U/s 5A on 21.5.07 that their family is having Acs.17.00 cts in Dokiparru village of Gudlavalleru Mandal, which reveals that the objector hails from rich land lord family and her livelihood will not be affected by the proposed acquisition and the remaining lands of the objector will not be affected in any way by the proposed acquisition and therefore her objections needs no consideration.” The question whether conversion of the land under acquisition into house sites, pollutes the water tank or not is a seriously disputed question of fact and respondent No.3 gave a categorical finding that a bid bund is already in existence and tank water will not get polluted on account of the proposed acquisition. Exercising writ jurisdiction under Article 226 of the Constitution of India, it is not possible for this Court to delve into the disputed questions of fact. Though learned counsel for the petitioners invited my attention to certain photographs, I refrain from giving any finding on the same, because, as already stated, it is neither feasible nor appropriate for this Court to adjudicate on the disputed questions of fact. In this view of the matter, I am not inclined to grant any relief to the petitioners. It is, however, made clear that if conversion of house sites eventually leads to water in the existing tank getting affected, liberty is given to the petitioners to approach respondent Nos. 1 and 2 for raising of the bund if the existing bund is found insufficient to prevent drainage water from flowing into the existing tank. The Writ Petition is accordingly dismissed. As a sequel to dismissal of main petition, WPMP.Nos.14061 and 14062 of 2008 filed by the petitioners for interim reliefs are disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J Dated:14.05.2008 Note:Furnish C.C. in two days. (B/o) GJ ..... 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