IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21661 of 2008 Between: Pemmasani Chandra Sekhar, S/o. Rajendranaidu, Aged 35 years, Occ.Agricultural Labour, R/o.Chilamatturu village, Varadaiahpalem Mandal Chittoor District ..... PETITIONER AND 1 The District Collector, Chittoor District, at Chittoor 2 The Special Deputy Collector, Land Acquisition Officer Special Economic Zone,Unit-III, M.M.Complex, R.C.Road, Tirupathi, Chittoor District 3 The Revenue Divisional Officer, Tirupathi Chittoor District 4 The Tahasildar, Vardaiahpalem Mandal Vardaiahpalem, Chittoor District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents more particularly the action of the 2nd respondent in not granting the compensation for the acquisition of the land admeasuring Ac.1.50 cents in Sy.No.22/2A situate in Siddama Agraharam village Revenue Accounts Varadhaiahpalem Mandal, Chittoor District of the petitioner for the purpose of establishing special Economic Zone as illegal, arbitrary,and contrary to Articles, 300-A of the constitution of the above land belonging to the petitioner and pass Counsel for the Petitioner:MR.J.UGRANARASIMHA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: The petitioner claims that he was granted D.K.T. Patta, in respect of Ac.1.50 cents of land in Sy.No.22/2A of Siddama Agraharam Village Revenue Accounts, Varadhaiahpalem Mandal, Chittoor District, on 22-11- 1996. The Government initiated steps for acquisition of vast extent of land in Varadhaiahpalem Mandal, for the purpose of establishing a Special Economic Zone. The land in Sy.No.22/2A is covered by the proposed Special Economic Zone. The grievance of the petitioner is that, he is not being paid any compensation, or ex gratia. Heard the learned counsel for the petitioner, and the learned Government Pleader for Land Acquisition. The petitioner does not claim any ownership, or patta rights, in respect of the land, and his claim is only as an assignee. Whenever an assigned land is acquired by the Government, it is not necessary to pay compensation, in accordance with the provisions of the Land Acquisition Act, 1894. However, the Government issued G.O.Ms.No.1307, dated 23-12-1993, directing that, whenever the assigned lands are taken by the Government, for any public purpose, ex gratia shall be paid to the assignee, or D.K.T. pattedar. In case, the petitioner satisﬁes the authorities, that he holds a valid patta, in his favour, there is no reason to deny him the benefit under that G.O. Hence, the writ petition is disposed of, directing the respondent 2 and 4, to examine the case of the petitioner, with reference to the D.K.T. patta, in his favour, and if it is found to be tenable, they shall extend the beneﬁt under G.O.Ms.No.1307, dated 23-12-1993, for the land covered by the patta. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt:29 -09-2008 usd To 1 The District Collector, Chittoor District at Chittoor, 2 The Special Deputy Collector/Land Acquisition Officer, Special Economic Zone, unit III, M.M.COmplex, R.C.Road, Tirupathi, Chittoor District. 3 The Revenue Divisional Officer, Tirupathi, Chittoor District. 4 The Tahasildar, Varakaiahpalem Mandal, Varadaiahpalem Chittoor District. 5 Two CCs to GP for Land Acquisition, High Court Buildings, Hyderabad (OUT). 6 Two CD copies