THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.117 of 2003 ORDER: The petitioners are the owners of an extent of Acs.2.00 of land in Survey No.33 of Pothareddipet Village, Dubbaka Mandal, Medak District. It is their case that the officials of the A.P. Transco intended to construct a sub-station to overcome the problems of low voltage in the area and that the sub-station was constructed on their land by promising that compensation would be paid therefor. They got issued a legal notice, dated 25.01.2002, requiring the respondents to pay the compensation. Since there is no reply from the respondents, they have approached this Court by filing this writ petition with a prayer to direct the respondents to pay the cost of the land at the rate of Rs.2,00,000/- per acre. Other ancillary reliefs are also claimed. On behalf of respondent Nos.2 to 5, a counter affidavit is filed. The fact that a sub-station was constructed on the land of the petitioners in Survey No.33 of Pothareddipet Village, Dubbaka Mandal, Medak District is admitted. However, it is pleaded that the sub-station was constructed on a representation made by the villagers and the villagers, in turn, have pooled funds and paid the same to the petitioners over a period of time. Objection is raised for the maintainability of the writ petition. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is a matter of record that the petitioners are the owners of the land in Survey No.33 of Pothareddipet Village, Dubbaka Mandal, Medak District. The respondents do not dispute the fact that a sub-station was constructed on the land in the year 1999 and was inaugurated in the year 2000. While the petitioners contend that they have been promised to pay the compensation after the construction, the respondents plead that the land accrued to it by way of donation from the villagers, who, in turn, are said to have paid certain amount to the petitioners. The A.P.Genco is an offshoot of the erstwhile the A.P. State Electricity Board. The organizations have a perfect system covering its various activities. The construction of a sub-station needs land and it is going to become a permanent asset of the organization. The land that is required for construction of a sub-station can accrue to the respondents in many ways, such as by way of allotment of government land, outright purchase from private individual, gift/donation by agencies or persons and lastly by way of compulsory acquisition. There are many instances where the persons or agencies, who are in need of improved power supply, have volunteered to provide the land. In such cases, specific documentation takes place and construction is started only after the title to the land accrues to the respondents. In the instant case, except stating that the villagers have negotiated the land from the petitioners for a sum of Rs.33,000/- and a sum of Rs.23,700/- was paid between 15.05.1999 and 24.04.2002, nothing is mentioned as to how the land accrued to it. Not a single receipt from the petitioners is produced. Vague, common and general affidavits of certain villagers are filed, which are to the effect that the petitioners have agreed to part with their land on payment of Rs.33,000/- and that they have been paid a sum of Rs.23,700/-. When valuable rights of the individuals and organizations vis-à-vis immovable properties are involved, the allegations and averments of this type cannot be permitted to defeat them. Hence, the writ petition is allowed and the respondents are directed to pay the compensation to the petitioners for the land in Survey No.33 of Pothareddipet Village, Dubbaka Mandal, Medak District utilized for construction of sub-station either by negotiations or by taking recourse to the proceedings under the Land Acquisition Act, 1894, within a period of four (4) months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 22.03.2010. kdl