IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 15791 of 2002 Between: 1 S.Dilli Rao, S/o.Late Vallabnarayana, R/o.H.No.88-MIG-II, Phase-II, Vuda Complex, Vizianagaram. 2 S.Venkata Rao, S/o.Late S.Chandraiah, R/o.H.No.49-23-4, Lalitha Nagar, Visakhapatnam-16. 3 Smt. D.Seshakumari, W/o.D.Nagshwar Rao, R/o.H.No.49-23-3, Lalitha Nagar, Visakhapatnam-16. 4 Smt. Rambai, W/o.B.Venugopal Rao, R/o.H.No.49-23-3, Lalitha Nagar, Visakhapatnam-16. ..... PETITIONERS AND 1 Union of India, Rep. by its Secretary, Steel & Mines Department, Central Secretariat, New Delhi. 2 Government of Andhra Pradesh, Rep. by its Secretary, Industries & Commerce Department, Secretariat, Hyderabad. 3 Government of Andhra Pradesh, Rep. by its Special Tahsildar, Land Acquisition, Revenue Division, Visakhapatnam. 4 Visakhapatnam Steel Plant, REp. by its Managing Director, Visakhapatnam. .....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 any appropriate Writ, order or direction, preferably a Writ in the nature of Mandamus declaring the in action of the respondents in not paying compensation to the petitioners in respect of their plots viz. 533 1/3 Sq.Yds., 1066 Sq.yds., 533 Sq.Yds., respectively situated at Aganampudi Village, Anakapalli sub-division, Visakhapatnam District as being illegal, arbitrary and violative of Art.14 and 300-A of the Constitution of India and consequently direct the respondents to forthwith pay compensation together with interest as many be determined by this Hon'ble Court in respect of the petitioners land stated above acquire by the respondents and to pass. Counsel for the Petitioner:MR.B.VITTAL RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: The petitioners approached this Court through this writ petition seeking to declare the action of the respondents in not paying compensation to them in respect of their plots situated at S.No.9 of Aganampudi Village, Anakapalli Sub-Division, Visakhapatnam District as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently to direct the respondents to forthwith pay the compensation together interest. The contention of the petitioners is that their plots were acquired by the respondents for the purpose of Visakhapatnam Steel Project under the provisions of the Land Acquisition Act, 1972. The compensation prevailing as on 01-04-1966 has to be paid to the petitioners. The Supreme Court also categorically stated that the compensation that is payable as on the date of notification should alone be paid and the stipulation of the rule that the compensation has to be at the rate as on the date of 14-06-1960 is per se bad in law and violative of the Constitutional provisions. The petitioners relied on a sale deed, dated 18-12-1969 to show that they purchased the property from their vendor, who is the owner of Acs.27-96 cents in S.No.9 situated at Aganampudi Village, Anakapalli Sub-Division, Visakhapatnam District. The fourth respondent filed a counter mentioning that any part of the land in Sy.No.9 of Aganampudi Village was not acquired for the benefit of Steel Plant and the acquisition of the petitioners’ plots, if any, may be for some other purpose and not for the benefit of the Steel Plant. The petitioners did not file the notification to show that the land covered by S.No.9 of the Aganampudi Village was acquired for the purpose of Steel Plant. In the absence of such material, it is not possible to direct the respondents to pay the compensation for the land of the petitioners said to be taken by the respondents. The writ petition is, accordingly, dismissed. No order as to costs. ___________________ DR. G. YETHIRAJULU, J Date:22-02-2008 YCR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Union of India, Steel & Mines Department, Central Secretariat, New Delhi. 2 The Secretary, Government of Andhra Pradesh, Industries & Commerce Department, Secretariat, Hyderabad. 3 The Special Tahsildar, Government of Andhra Pradesh, Land Acquisition, Revenue Division, Visakhapatnam. 4 The Managing Director, Visakhapatnam Steel Plant, Visakhapatnam. 5. 2CCs to Mr. A. Rajasekhar Reddy, Assistant Solicitor General, High Court Buildings, Hyderabad. (OUT) 6. 2CD copies Form-NIC-OGS/WP{TML}