IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24205 of 2002 Between: B. Sanjeeva Reddy … Petitioner AND The Special Collector, Telugu Ganga Project, Nellore, Nellore District & another. … Respondents Counsel for the petitioner : Sri T. Narasimha Chary for Sri P. Gangarami Reddy Counsel for the respondents : AGP for Land Acquisition This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24205 of 2002 ORDER:- This writ petition is filed for a writ of Mandamus to declare order dated 04.05.2002 passed by respondent No.2, whereby he reduced the compensation amount from Rs.5,77,312/- to Rs.2,09,866/- contrary to approval order dated 27.10.1999 given by respondent No.1, as illegal and arbitrary. The petitioner was an assignee of DKT land admeasuring Ac.1.26 cents in reach No.23-P of Gundavolu Village. The said land was acquired for the purpose of Kandleru reservoir. The petitioner averred that after obtaining the valuation report from the Horticulture Department, a sum of Rs.5,77,312/- was fixed as compensation and respondent No.1 by his proceedings dated 27.10.1999 approved the said compensation. As the said amount was not paid, the petitioner filed WP.No.9491 of 2001, which was disposed of by this Court with a direction to the respondents to pay the said amount. The petitioner filed CC.No.1626 of 2001 complaining of non-compliance of the said order by the respondents. Thereafter, respondent No.2 revised the value of the land and the trees standing thereon to Rs.2,09,866/- and got the same approved by respondent No.1. The petitioner averred that when once respondent No.1 approved the compensation, there is no justification for respondent No.2 to get it reduced. In the counter affidavit filed by respondent No.2, it is inter alia averred that initially respondent No.1 approved the valuation made by the Divisional Forest Officer, Nellore and requested the Government to release LOC for a sum of Rs.5,77,312/-, which includes the value of fruit bearing trees and forest growth existing on the acquired land, that as there was delay in getting the LOC sanctioned from the Government, respondent No.1 entertained doubts about the estimates given by the forest department, that as he found the same is highly excessive, he requested the Divisional Forest Officer, Nellore to reexamine and send correct valuation report through his letter dated 10.01.2001 and that the Divisional Forest Officer, Nellore, after re-verification of the records, sent revised estimates, according to which, the total compensation payable to the petitioner came down to Rs.2,09,866/-. It is further stated that the said amount was paid to the petitioner on 04.05.2002 and possession of the land was taken on the same day itself. No reply affidavit is filed controverting the abovementioned allegations. Since the process of payment of compensation in respect of the property covered by the DKT patta is not governed by any statutory provision, on the basis of the executive instructions, the compensation is computed and paid. If the valuation, on the basis of which compensation was earlier determined, was found to be incorrect, as happened in this case, it cannot be said that the respondents have committed any illegality in reducing the same based on the proper valuation report sent by the Divisional Forest Officer, Nellore. The petitioner failed to point out that in doing so, the respondents committed violation of any of the statutory provisions. In this view of the matter, the reduction of compensation earlier determined cannot be said to suffer from any error of law or arbitrariness warranting interference of this Court under Article 226 of the Constitution of India. The writ petition is therefore dismissed. As a sequel to dismissal of the writ petition, WPMP.No.30348 of 2002 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 08.08.2008 ES