HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.2029 of 2007 Date: September 15, 2009 Between: 1. Mathangi Nagaiah and 97 others. … Petitioners And 1. The Government of Andhra Pradesh, Rep. by is Secretary, Irrigation and CAD Department, Secretariat, Hyderabad and 3 others. … Respondents * * * ORDER: Heard Sri Y. Venkata Satyam, learned counsel representing the writ petitioners, the learned Assistant Government Pleader for Land Acquisition and the learned Assistant Government Pleader for Irrigation representing respondents. 2. The counsel on record had taken this Court through the respective stands taken by the parties and made submissions. 3. The writ petition is filed for a writ of Mandamus declaring the action of the respondents in not paying amounts to the petitioners structures/houses as per the preliminary valuation statement of structures of Arundhathiwada of Eguva Chenduvoy, h/o Chenduvoy village in Reach No.2 of Atloor Mandal, Kadapa District, as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents to pay amounts to the petitioners structures/houses as per preliminary valuation statement of structures of Arundhathiwada of Eguva Chenduvoy, h/o Chenduvoy village in Reach No.2 of Atloor Mandal, Kadapa District and pass such other suitable orders. 4. These writ petitioners had stated that they were granted D-Form pattas way back in the year 2002 by the Mandal Revenue Officer and these pattas were granted for the purpose of construction of houses in tune with the policy of the Government. It is also stated that the petitioners had raised structures and they were living in the said houses. 5. Further it is the case of the writ petitioners that the Government announced project by name Somasila Project in Kadapa District and for the purpose of the said project all the lands with house structures of the petitioners situate in Arundathiwada of Eguga Chenduvoy, h/o Chenduvoy village, Atloor Mandal, Kadapa District got submerged. 6. It is also stated that the Land Acquisition Officer, third respondent, had prepared preliminary valuation statement of structures of Arundhathiwada of Eguva Chenduvoy, h/o Chenchuvoy village for Reach No.II. Despite the amount being ascertained, except 30% of the solatium, no other amount had been paid to the petitioners. 7. Further it is stated that since the lands were acquired, the respondents are bound to pay compensation, especially, after preparing the estimate that is payable for deprivation. Only a part of the amount had been paid i.e., 30% solatium, and the rest of the amount was not paid. The petitioners are entitled for the amounts as stated in the proceedings of P.V. statement. 8. P.V. statement for payment of ex-gratia to structures and other relevant material also had been placed before this Court. 9. In the counter-affidavit filed by the third respondent it is stated that in a similar case vide W.P.No.17825 of 2001 this Court disposed of the writ petition on 01.11.2001 holding that if the lands are belonged to the Government, the question of acquiring the same under the Land Acquisition Proceedings does not arise and on the other hand if any structures are erected or any improvements made by the occupants on the Government lands, they are entitled for payment of ex-gratia in terms of G.O.Ms.No.1307, dated 23.12.1993 and issued directions to pay ex-gratia. All the occupants of structures in Reach-II had taken ex- gratia without any protest. 10. It is also stated that the Government appointed Special Officer to complete acquisition of lands under Somasila Project for the remaining 23 villages vide G.O.Rt.No.802 I & CAD T.G.P-II/Dept. dated 30.10.2003, with certain guidelines for passing consent awards. As per the terms of G.O.Rt.No.802 I & CAD T.G.P-II/Dept. dated 3012.2003, Special Officers were appointed to take up personal inspection and they are competent to effect necessary changes in the P.V. statements wherever necessary. To have a uniformity, a meeting was conducted by the Negotiation Committee with District Collector and the village committee members of different villages and it is resolved to pay ‘SSR rate of 2002-2003, and all the genuine structures’ shall be paid along with 30% and 12% additional market value and ex-gratia to be paid to all the bogus structures. Accordingly, the Special Officer verified the genuineness and categorized the structures as genuine structures and included in category –III for payment of structures value with 30% solatium. But 12% additional market value was paid, since there can be no notification under Section 4 (1) of the Land Acquisition Act for Government lands and also as per the terms and conditions of G.O.No.192 I & CAD PR-T.G.P-II (2) Dept. dated 02.12.1998, read with G.O.Ms.No.1307 Rev. Assg-I Dept. dated 23.12.1993. 11. Further it is stated that serious prejudice would be caused if any direction is to be given, since writ petitions will be filed in all cases in which the Special Officers acted upon as per the terms and conditions of G.O.Rt.No.802 I & CAD T.G.P-II/Dept. dated 30.10.2003 duly conducting meetings with village committees. Hence, the dismissal of the writ petition had been prayed for. 12. The main grievance of the petitioners is that the amounts in terms of the preliminary valuation statement have not been paid. Though some amount had been paid, the rest of the amount is not paid to the petitioners and the same is to be considered. 13. In the light of the facts and circumstances, this Court is of the considered opinion that no positive direction as such can be granted. However, in the light of the peculiar facts, let the petitioners make appropriate representation in this regard to respondents 2 and 3 within a period of four weeks from the date of receipt of this order and let respondents 2 and 3 consider the same in accordance with law within a period of eight weeks thereafter. 14. Accordingly, the writ petition is disposed of. No order as to costs. ________________ (P.S. NARAYANA, J) Date: September 15, 2009. BSB