THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20045 OF 2002 DATED:01.07.2010 Between: Viswanath and others .. Petitioners And The District Collector, Medak District, Sanga Reddy and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20045 of 2002 ORDER: The petitioners, who are nine in number, are residents of Kharasghuthi, Damargidda, Muktapoor and Pushalpad Villages. They own different extents of agricultural lands in the above said villages. In 1960, the lands of the petitioners were used/utilized/acquired for the purpose of laying road from Narayankhed to Santhpoor Village (KM 9/6 to KM 10/6) in Mamnoor Mandal. The petitioners, who are statedly illiterate and not worthy wise, made representations to local Members of Legislative Assembly (MLAs) for redressal of their grievance. At last the then MLA, Narayankhed, espoused their requests and laid before the District Revenue Administration. As a result of the same, respondent Nos.2 and 5 wrote to higher authorities for early settlement and payment of compensation. The matter was also referred to Engineer-in-Chief (Roads), Erramanzil - third respondent herein. The issue appears to have moved from lower authorities to higher authorities and vis-à-vis. But the petitioners were left in the lurch. At last they filed the instant Writ Petition in October 2002 seeking writ of mandamus directing the respondents to initiate Land Acquisition Proceedings under the Land Acquisition Act, 1894 and pay the compensation to them. The fifth respondent, namely, the Executive Engineer (Roads and Buildings), Sangareddy, filed counter affidavit. The case of the petitioners is admitted. But for the sake of ready reference, the counter averments are extracted herein. I submit that the Hon’ble M.L.A., Narayankhed in his representation, dated 04.07.1997, addressed to the District Collector, Medak District, at Sangareddy has stated that certain lands were acquired for formation of (R&B) road from Narayankhed-Santhpoor road (via) Kharasguthi and while including land acquisition proceedings and making compensation to some of the villagers of Muktapur, Pushalpad and Kharasghuthi of Mamnoor Mandal were omitted and requested this office to take action for acquisition of proceedings. The Revenue Divisional Officer, Sangareddy in response to the M.L.A’s representation has informed this office that some land of certain villagers were acquired and compensation was also paid and the lands in Survey Numbers as represented by the M.L.A. have not been acquired and also not initiated any action for acquisition of land. I respectfully submit that road is formed by the (R&B) Department in the year 1960 and no records were readily available in this office regarding land acquisition of the above road. Hence, the Dy. Executive Engineer (R&B) Sub-Division Zahirabad was asked to conduct survey in consultation with the Mandal Revenue Officer, Mamnoor with regard to Survey Numbers and map indicating the road. The Mandal Revenue Officer has also informed that no compensation was paid to said Survey Numbers. The Revenue Divisional Officer has also informed that the land of the Survey Numbers pertaining to Damaragidda, Kharasghuthi, Pushalpad and Muktapur will come under the formation of road from Narayankhed- Santhpoor road for which no compensation was paid. Further, the Revenue Divisional Officer has also requested to send the requisition proposals along with location map for initiating the Land Acquisition proposals. The above matter has been referred to the Superintending Engineer (R&B) Circle, Nizamabad vide his office Lr.No.DB/T2/99-2000/2620, dated 29.11.1999 with a request to inform whether Land Acquisition proceedings for the said Survey Numbers are to be initiated now for the road which was formed in the year 1960. In turn, the Superintending Engineer (R&B) Circle, Nizamabad has also addressed to the Engineer-In-Chief (R&B) Roads, Hyderabad vide Superintending Engineer, Nizamabad Lr.No.E4/3195/LA/99-2000, dated 03.12.1999 to inform whether Land Acquisition proceedings for the said Survey Numbers are to be initiated now for the road which was formed in the year 1960. It is submitted that it is a fact that the lands have been acquired in the said Survey Numbers in Pushalpad, Damaragidda, Kharasghuthi and Muktapur Villages to same extent for which no compensation was paid. It is submitted that since the matter has been referred to the Engineer-In-Chief (R&B) Roads, Hyderabad for issuing instructions to initiate L.A. proceedings. On receipt of instruction from the Engineer-In-Chief (R&B) Roads, Hyderabad, necessary action will be initiated for the Land Acquisition proceedings duly obtaining the particulars of land acquired for the said road. During the course of hearing, the Assistant Government Pleader submits that as the actual area of the lands of the petitioners affected by the road construction is not available, proceedings could not be initiated. The submission is only misconceived rather naive. In paragraph No.2 of the counter affidavit accompanying the petition, the petitioners are given the particulars of the lands which were affected by the road construction and there is no denial of the same. Even otherwise it appears that at the instance of the fifth respondent, a survey was conducted sometime in 1988 to know the exact extent of land, which was affected by the road construction. If that be so, nothing could prevent the State and its officials to complete the acquisition proceedings. This Court observes that even though the right to property ceased to be a fundamental right after deletion of Article 19(1)(f) of the Constitution of India, it still remains a valuable constitutional right as per Article 300-A of the Constitution of India, and no person shall be deprived of his property, without due process of law. In this case, the respondents, who admittedly used the petitioners’ lands deprived them without any authority of law which is unconstitutional. Therefore, the Writ Petition is allowed directing the respondents to complete the Land Acquisition Proceedings within a period of six months from today. Each of the petitioners shall be entitled to claim the costs at Rs.1,000/- (Rupees one thousand only). The costs shall be payable by the fifth respondent. The Writ Petition, with the above directions, is allowed with costs. ______________ (V.V.S. RAO, J) 01.07.2010 KH