IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NOs : 13553 and 13606 of 2000 WRIT PETITION NO : 13553 of 2000 Between: C. Shankar, S/o C. Yadaiah, R/o Aryanagar, Opp: Sudha Theatre, Shalibanda, Hyderabad. ..... PETITIONER AND 1 The Collector, Ranga Reddy District, Lakdikapool, Hyderabad 2 Mandal Parishad Development Officer, Ibrahimpatnam Mandal, R.R. District. ...RESPONDENTS W.P.No.13606 of 2000 Between: G. Radhakrishna, S/o G. Krishna, R/o H.No.18-5-916, Laldarwaza, Hyderabad, Andhra Pradesh. ..... PETITIONER AND 1 The Collector, Ranga Reddy District, Lakdikapool, Hyderabad 2 Mandal Parishad Development Officer, Ibrahimpatnam Mandal, R.R. District. ...RESPONDENTS Counsel for the Petitioner:MR.SRIRAM KRISHNA MURTHY Counsel for Respondent No.1: AGP FOR REVENUE Counsel for Respondent No.2: None appeared The Court made the following : COMMON ORDER: These two writ petitions are filed for a writ of Mandamus to direct respondent No.1 to initiate acquisition proceedings in respect of 1,100 square yards forming part of Acs.4.20 guntas comprised in Survey No.274 and 3,813 square yards forming part of Acs.4.20 guntas comprised in Survey No.284 of Mangalpally Village, Ibrahimpatnam Mandal, Ranga Reddy District or direct respondent No.1 to pay compensation by initiating mutual negotiation proceedings as per the amended provisions of the Land Acquisition Act, 1894 (for short ‘the Act’). The petitioners claim to be the owners of the above mentioned lands. They specifically averred that the Government of Andhra Pradesh through the Collector, Ranga Reddy District approved the scheme for construction of adding classrooms to the existing primary and middle schools in seven villages in Ibrahimpatnam Taluq and also approved laying of 15 roads connecting one village to another village under ‘Janma Bhoomi’ programme and that respondent No.1 approved the said scheme vide his proceedings dated 22-04-1999. The petitioners further averred that under the said scheme, formation of roads from Uppariguda Village to Mangalpally Village through the lands of the petitioners in Survey Nos.274 and 284 respectively was granted. They have also indicated the total extent over which the roads were laid as 1,100 square yards and 3,813 square yards respectively. As the said property was not acquired under the provisions of the Act, and without paying any compensation to the petitioners, they got issued legal notices dated 05-01-2000 to respondent No.1 through registered post acknowledgment due. Though respondent No.1 received the said notices on 06-01-2000, he has not taken any steps to redress the petitioners’ grievances. No counter-affidavit has been filed denying any of the allegations contained in the affidavits filed in support of the writ petitions. From the material produced by the petitioners, I am convinced that the lands of the petitioners were acquired for the purpose of formation of roads from Uppariguda Village to Mangalpally Village. It is the constitutional obligation of the respondents not to deny any citizen of his property without following due process of law as envisaged in Article 300-A of the Constitution of India. In the absence of any counter-affidavit filed by the respondents, I have no option other than holding that the action of the respondents in laying the roads on the properties belonging to the petitioners without initiating the proceedings under the Act is unconstitutional. The writ petitions are, therefore, allowed. The respondents are directed to initiate land acquisition proceedings in respect of the properties belonging to the petitioners and were utilized for the purpose of laying the roads as mentioned above, within a period of four (4) weeks from the date of receipt of a copy of this order, and complete the acquisition proceedings including payment of compensation to the petitioners within a period of eight (8) weeks thereafter. For not showing any sensitivity to the legitimate request of the petitioners for payment of compensation and for displaying continued indifference by even failing to explain the reason for not meeting the just demands of the petitioners by filing counter-affidavits for as long as eight years for which these two writ petitions are pending, the respondents shall pay costs of Rs.5,000/- (Rupees five thousand only) in each of the two writ petitions to the credit of the Secretary, Andhra Pradesh Legal Services Authority, within a period of four (4) weeks from today. WPMP Nos.10522 and 10691 of 2008 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 21st July, 2008 vrn