THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.15830 of 2009 Date:4th December, 2009 Between :- Avirneni Rama Krishna and others .. Petitioners And The Government of Andhra Pradesh Rep.by its Special Collector (LA) Indira Sagar Project, Rajahmundry, East Godavari District And others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.15830 of 2009 ORDER: 1. This Court issued rule nisi on 11-8-2009 and directed status quo to be maintained for a limited period which is being extended from time to time. 2. W.V.M.P.No.4025/2009 is filed to vacate the interim order. At the stage of hearing of the vacate application, the Counsel on record Sri J.U.M.V. Prasad, the learned Counsel representing the writ petitioners and the learned Assistant Government Pleader for Land Acquisition and the learned Assistant Government Pleader for Forests made a request for final disposal of the Writ Petition and hence the Writ Petition itself is being disposed of finally by this Court. 3. The Writ Petition is filed for a Writ of Mandamus declaring the action of the 1szt respondent in seeking re-assessment report vide Ref.B1/545/08 dated 16-6-2009 with vested interest and grudge from the 5th respondent in a particular fashion against the valuation report of Subabul trees given by the 4th respondent vide Ref.No.3510/2005-V4 dated 11-11-2008 and 27-2-2009 according to the measurements and age mentioned in panchanama dated 18-6-2008 on the joint inspection conducted by both the Revenue and Forest officials with a view to cause loss to the land losers in payment of compensation by passing award under the proposed acquisition for excavation of Right Main Canal under the Indira Sagar Project without considering the objections filed by the petitioners at every stage as illegal, arbitrary, mala fide, vested interest and against the true letter and spirit of the Land Acquisition Act and consequently to direct the respondents to stay all further proceedings including passing of the award and taking possession of the petitioners’ lands situated in Sy.No.80/1 and 366/2B of Velagaleru village of G.Konduru Mandal, Krishna District to an extent of Acs.11-11 cents and to pass such other suitable orders. 4. The respondents 1 to 3 filed counter affidavit along with W.V.M.P.No.4025/2009. The 4th respondent also filed counter affidavit. 5. Sri Prasad, the learned Counsel representing the writ petitioners had taken this Court through the contents of the affidavit filed in support of the Writ Petition and would maintain that in the facts and circumstances of the case, in spite of clear assessment available, seeking re-assessment in this regard cannot be sustained. 6. The learned Assistant Government Pleader for Land Acquisition and the learned Assistant Government Pleader for Forests had taken this Court through the respective counter affidavits and would maintain that only for respondent proper clarification, re- assessment report had been called for and on that ground, the reliefs prayed for in the Writ Petition cannot be granted. 7. Heard the Counsel. 8. It is the case of the writ petitioners that the 1st respondent, from the day of beginning of the acquisition proceedings of the petitioners’ land for the purpose of Indira Sagar (Polavaram project) is acting detrimental to the interests of the petitioner and the petitioners had been compelled to approach this Court at every stage to seek appropriate directions from this Court. It is further stated that the 1st petitioner is the absolute owner, possessor and enjoyer of the land admeasuring Ac.3-03 cents in Sy.No.80/1, the 2nd petitioner is the absolute owner, possessor and enjoyer of the land admeasuring Ac.3- 02 cents in Sy.No.80/1, the 3rd petitioner is the absolute owner, possessor and enjoyer of the land admeasuring Ac.3-06 cents in Sy.No.366/2 and the 4th petitioner is the absolute owner, possessor and enjoyer of the land admeasuring Ac.2-00 cents in Sy.No.366/2 of Velagaleru village, G.Konduru Mandal, Krishna District having purchased under valid registered sale deeds long back and they had obtained patta pass books respectively from the concerned revenue officials and the petitioners had been paying cist and are in possession of the property. 9. It is further stated that under the impugned notification published in Vartha Telugu Daily, Vijayawada, Krishna District dated 23-2-2008 the 1st respondent issued Form 2A notice under Section 4(1) of the Land Acquisition Act (hereinafter in short referred to as “Act” for the purpose of convenience) for the purpose of VII Package from 170.535 K.M. to 174.760 K.M. in Velagalaru village for the purpose of Indira Sagar (Polavaram) Project Right Main Canal and accordingly notification was issued and enquiry under Section 5-A of the Act had been contemplated. Further it is stated that the 2nd respondent issued notice in R.C.C.33/08 dated 20-5-2008 calling the petitioners to attend on 30-5-2008 for enquiry and or objections and on that day the officials of the 2nd respondent had taken signatures from the petitioners on empty bond papers which the petitioners came to know that the had obtained their signatures for package consent award and immediately the petitioners sent representations dated 19-6-2008 and 20-6-2008 by registered post with acknowledgement due withdrawing their signatures to the package consent award as the petitioners had been demanding to conduct panchanama. 10. Further it is stated that the petitioners are the affected parties under the proposed acquisition but however they made it clear that they are not opposing the acquisition of lands. Since there was no mention of the number of trees in existence and their particulars and the notification dated 23-2-2008 speaks only of trees Mango, Neem and Tamarind, the petitioners submitted objections in the enquiry under Section 5-A of the Act to conduct panchanama and note down the varieties of trees, number of trees and their measurements to seek just compensation and as the respondents did not consider, the petitioners 3 and 4 filed W.P.No.4765/2008 and the petitioners 1 and 2 filed W.P.No.13232/2008 before this Court and as per the directions of this Court dated 7-3-2008 and 25-6-2008 in the said Writ Petitions panchanama had been conducted on 18-6-2008 and 23-10-2008 in Sy.No.366/2B and 80/1 of Velagaleru village, G.Konduru Mandal, Krishna District respectively wherein no proposed loss or damage had been mentioned except the measurements and age of the trees. Further it is stated that after conducting the panchanama the petitioners had sent their objections/representation dated 1-11-2008 to the 2nd respondent by registered post requesting copies of the panchanamas dated 18-6-2008 and 23-10-2008 to the Forest Department to get the assessment of life time maturity value of the Subabul trees under capitalisation method according to the measurements and the age mentioned in the panchanama to take the same value into consideration to pay just compensation while passing the award. It is further stated that after receipt of the representation dated 1-11-2008, the 1st respondent did not act upon and without giving any reply to the representation dated 1-11-2008 highhandedly contemplated to pass the award by ignoring the said representation. When the petitioner approached the 1st respondent’s office the officials informed the petitioner orally that they are going to take the Forest Offence Rates for the year 2003 into consideration which is irrelevant as Section 23 of the Act clearly says that while paying the compensation, loss or damage at the time of Collector’s taking possession shall be taken into consideration. Since the notification of acquisition was in the year 2008 and so far the respondents had not taken possession of the land, taking forest offence rates for the year 2003 is contrary to the Act and as such the petitioners approached this Court by filing W.P.No.27509/2008 by the petitioners 1 and 2 and W.P.No.27519/2008 by petitioners 3 and 4 and this Court was pleased to direct the respondents to consider the petitioners objections/representation dated 1-11-2008 during the course of award enquiry and dispose of the same in accordance with law before passing the award dated 18-12-2008. 11. It is also further stated that as per the directions of this Court in W.P.No.27509/2008 and W.P.No.27519/2008 dated 18-12- 2008, the 2nd respondent made a request to the 4th respondent on 25- 2-2009 and accordingly the 3rd respondent had submitted the values of the trees in Ref.No.3510/2005-V4 dated 27-2-2009 according to the measurements and age mentioned in panchanama dated 18-6-2008 and 23-10-2008 which was jointly conducted by both the 4th respondent officials and the officials of the respondents 2 and 3. Though the estimated values of the trees were received by the 2nd respondent from the 4th respondent long back and when the 2nd respondent had been wantonly causing delay without passing the award and paying compensation the petitioners approached this Court by filing W.P.No.12173/2009 and 12175/2009 seeking a direction to the respondents 2 and 3 to forthwith pass award and pay compensation without further delay as the values were already submitted by the 4th respondent on 11-11-2008 and 27-2-2009 wherein the 2nd respondent categorically stated that already an award had been passed indicating that compensation would be paid to the petitioners soon after the receipt of approval from the 1st respondent and accordingly this Court was pleased to dispose of the Writ Petitions on 23-6-2009 at the stage of admission itself with a direction that “the 1st respondent-Government is directed to pay compensation to the petitioners as proposed by the Special Collector (Land Acquisition), Indra Sagar (Polavaram) Project, Rajahmundry within a period of eight weeks from the date of receipt of a copy of the order” and the same was communicated to the respondents through registered post acknowledgement due. 12. It is also further stated that since the beginning of the land acquisition proceedings the respondents are trying to deceive the petitioners with a view to pass consent award by hook or crook and as the petitioners brought the illegal action of the 2nd respondent officials obtaining blank signatures of the petitioners under the impression of procedures to use the same for consent award to the notice of this Court, they bore grudge to see that the petitioners should be deprived of just compensation and the 1st respondent vide proceedings Ref.B1/545/08 dated 16-6-2009 directed the 5th respondent to send reassessment report in the particular fashion he wants which was suppressed and not brought to the notice of this Court while passing the orders in W.P.No.12173/2009 and W.P.No.12175/2009 on 23-6- 2009 and made believe this Court that the award was already passed. Admittedly as on date no award had been passed and now under the guise of implementation of the aforesaid orders making hectic efforts to get the reassessment report as intended by him from the 5th respondent and the next moment of receipt of the said report, they planned to pass the award basing on the said report and take possession of the land to deceive and deprive the petitioners. Once the award is passed, the only remedy left to the petitioners is to approach the District court. The respondents, taking it to their personal ego, are making hectic efforts detrimental to the interest of the petitioners who are loosing their valuable lands and value fetching trees (total extent of land is Ac.11.11 cents and 40,700 trees worth approximately Rs.40 lakhs as per the report submitted by the 4th respondent under Forest Offence Rates though fetches more in private market) against their will, contrary to the true letter and spirit of Land Acquisition Act and if the same were not stayed the petitioners will be put under irreparable loss and hardship. In such circumstances, the present Writ Petition is filed praying for the aforesaid reliefs. 13. In the counter affidavit filed on behalf of respondents 1 to 3 it is stated that in the instant case, the land acquisition proposals were initiated soon after receipt of land acquisition proposals from the Requisitioning Department i.e., Executive Engineer, Indra Sagar (Polavaram) Project, Right Main Canal, Vijayawada for an extent of Acs.225.67 cents in Velagaleru village of G.Konduru Mandal for excavation of the Right Main Canal under Package VII at Chainage from KM 170.535 to 174.760. As per the land plan schedules and requisition filed by the Executive Engineer, Indra Sagar Right Main Canal Division, Vijayawada the following category of lands had fallen under alignment of acquisition: patta lands Ac.152-37 and Government lands Ac.73.30 – total Ac.225.67. Accordingly the draft notification proposals under Section 4(1) of the Land Acquisition Act had been submitted to the Collector, Krishna for an extent of Ac.85.70 cents for necessary approval and the same was approved by the Collector, Krishna vide Rc.G2/850/08 dated 22-2-2008. The approved copy was also published in the newspapers i.e., in Eenadu on 23-2-2008, Vaartha on 23-2-2008 as well as in the locality on 23-2-2008. A team of officials consisting of Horticulture, Forest Department, R&B Department along with Revenue officials had conducted joint inspection on the proposed acquisition of lands on 3-3-2008 so as to assess the values of the land, trees/structures existed in the proposed lands and to take further action under Land Acquisition Act. After completion of the joint inspection and enjoyment survey work, a notice was issued to all the land losers to attend enquiry under Section 5-A of the Act on 28-3-2008 at 11 A.M. at Gram Panchayat office, Velagaleru through Rc.C.33/08 dated 25-2-2008 before the Land Acquisition Officer. After completion of the enquiry under Section 5-A of the Act, the Special Deputy Collector (Land Acquisition) Indira Sagar (Polavaram) Project, Right Main Canal, Unit III, Vijayawada, submitted the report of the enquiry under Section 5-A of the Act to the Special Collector (Land Acquisition), Indira Sagar (Polavaram) Project, Rajahmundry vide letter No.ISP/268/2008 dated 18-6-2008 for an extent of Acs.75.65 cents and it was also got published in the news papers i.e., Vaartha on 7-7-2008, Eenadu on 7-7-2008 and as well as in the locality on 7-7-2008. Subsequently notice under Section 9(1) and 9(3) were issued to all the land losers with a request to attend the award enquiry on 18-7-2008 at Velagaleru village. Hw, the petitioners did not turn up to the award enquiry on 18-7-2008. The petitioners had also not attended the enquiry under Section 5-A of the Act on 28-3-2008 and they approached this Court and filed W.P.No.4765/2008 on 7-3-2008. At the admission stage this Court passed the following orders : “Before passing of the award, the Land Acquisition Officer will normally get the pre-valuation report to know the value of the lands etc., and hence the length and measurement of the existence of trees also must have been taken note of. However, as the petitioners’ grievance is that there was no panchanama and if really there is no panchanama the respondents shall conduct a panchanama to know the exact length and measurement of the trees in existence so that the petitioners can ask for payment of appropriate compensation”. As per the directions of this Court the Land Acquisition Officer had conducted panchanama on 18-6-2008 in the presence of field staff, Forest Department officials, the writ petitioners as well as other local ryoths and noted down the details of existing trees as well as other things on ground. The petitioners had expressed satisfaction and also signed on the panchanama on 18-6-2008. Subsequently, the petitioners in W.P.No.4765/2008 dated 7-3-2008 had also filed a representation before the Land Acquisition Officer on 19-6-2008 with a request to grant some more time to file the objections on the enquiry notice under Section 5-A of the Act and on 20-6-2008 Avirneni Ramakrishna and Koteswara Rao had filed representation before the Land Acquisition Officer on the same lines. 14. Further it is stated that Avirneni Rama Krishna and Avirneni Srinivas sons of Ramakoteswara Rao, residents of Velagaleru village had also filed W.P.no.13232/2008 before this Court seeking a direction to the Land Acquisition Officer to conduct panchanama as to the number of trees existed on ground including their measurement admeasuring Ac.3.03 in R.S.No.80/1 and Ac.3-02 cents in R.S.No.80/1 of Velagaleru village, G.Konduru Mandal before taking possession of the petitioners schedule land in pursuance of Section 4(1) notification dated 23-2-2008 in the interest of justice and this Court had passed orders accordingly for conduct of panchanama in W.P.No.4765/2008. Accordingly, the Land Acquisition Officer had conducted panchanama on 23-10-2008 along with the Revenue officials, Forest officials in the presence of the petitioners and the mediators. On that day, both the petitioners had attended and participated in the panchanama process. They had also signed on the panchanama statement according to the directions of this Court. After completion of panchanama procedure, the Land Acquisition Officer requested the Divisional Forest Officer, Vijayawada to assess the values of the trees and submit the same for taking further necessary action in the matter. Pending receipt of reports from the other Departments the present petitioners again filed a representation before the Special Deputy Collector (LA) on 1-11-2008 through registered post with acknowledgement due with a request that the representation by objection in continuation to the earlier letter dated 19-6-2008 which was acknowledged by Land Acquisition Officer requested to send a copy of panchanama to the Forest Department to get the assessment of life time maturity value of the Subabul trees on the capitalisation method according to the measurements and age mentioned in the panchanama to take the same value into consideration to pay just compensation while passing the award. Accordingly, the Divisional Forest Officer, Vijayawada assessed the values and submitted his report vide reference No.3510/2005-V4 dated 6-11-2008 as he is the competent authority to assess the values of Subabul. In the meanwhile the petitioners again approached this Court and filed W.P.No.27519/2008 dated 18-12-2008 and 27509/2008 dated 18- 12-2008 against Special Deputy Collector (LA) and District Collector, Krishna. At the admission stage, this Court passed the following order : “In case the award enquiry not yet been held, there can be no objection to the petitioner objection/representation dated 1-11- 2008 being considered by the Land Acquisition Officer. There shall be a direction to the 1st respondent to consider the petitioners objections/representations dated 1-11-2008 during the course of award enquiry and dispose of the same in accordance with law before passing the award. It is made clear that consideration of the petitioners’ representation, as aforementioned, need be undertaken only if the award enquiry has not yet been held and the award has not yet been passed”. In pursuance of the orders of this Court, the petitioners appeared before the Land Acquisition Officer and gave award enquiry statement on 10-11-2008 without giving consent and hence a separate award for an extent of Ac.11-11 cents was prepared (General Award) and submitted to the Special Collector (LA), Indira Sagar (Polavaram) Project, Rajahmundry along with other Departmental values as discussed above for approval by the Special Deputy Collector (LA), Indira Sagar (Polavaram) Project, Right Main Canal, Unit-III, Vijayawada. The Special Collector (LA), Indira Sagar (Polavaram) Project, Rajahmundry had inspected the proposed award extent of land on 9-6-2009 and observed that the values assessed in respect of Subabul trees in the land proposed for acquisition seems to be very high when compared to the assessment reports of the Forest official of East Godavari District in similar Land Acquisition cases in which they assessed the value of Subabul on tonnage basis. In view of the above, the Special Collector (Land Acquisition), Indira Sagar (Polavaram) Project, Rajahmundry requested the Divisional Forest Officer, Vijayawada vide letter No.B1/547/2008 dated 16-6-2009 to re- examine the proposal and to issue suitable instructions to the concerned for reassessment of Subabul trees scientifically and to furnish the reassessment reports at an early date so as to finalise the Land Acquisition proceedings and to pay the compensation to the land losers. Pending receipt of the report from the Forest Department the petitioners again approached this Court and filed W.P.Nos.12173/2009 and 12175/2009 with a request to issue any writ order or direction more particularly one in the nature of writ of mandamus to declare the action of the Special Deputy Collector (L.A.), Indira Sagar (Polavaram) Prlject, Right Main Canal, Unit-III, Vijayawada in not passing the award for payment of compensation even after joint inspection conducted and estimation of values were given by the Divisional Forest Officer, Vijayawada vide Rc.3510/05-V4 dated 11-11-2008. This Court disposed of the same with a direction that the 1st respondent i.e., the Special Deputy Collector (L.A.) is directed to pay compensation to the petitioner within a period of eight weeks from the date of receipt of the order. Pending finalisation of the above matter, the petitioners again approached this Court by way of the present Writ Petition. 15. In reply to paras 1 and 2 of the affidavit filed in support of the Writ Petition, it is stated that it is a fact that the Government in their G.O.Ms.No.1843 Revenue (L.C.) Department, dated 13-12-1984 had empowered the Special Collectors to approve the Draft Award as and when submitted by the Land Acquisition Officers/Special Deputy Collectors. In the instant case, the 2nd respondent had prepared Draft Award (General) for an extent of Ac.11-11 cents which relates to the petitioners herein along with the reports submitted by the Forest Department, R&B Department with Horticulture in accordance with the trees estimated in the panchanama dated 18-6-2008. Accordingly the 1st respondent-Special Collector (L.A.), Indira Sagar (Polavaram) Project, Rajahmundry had conducted personal inspection of the proposed extent of Award on 9-6-2009 and observed that the values assessed in respect of Subabul Trees (40,700) in the land proposed for acquisition seems to be very high when compared to the assessment reports of the Forest Officers of the East Godavari District in similar land acquisition case in which they assessed the value of Subabul on tonnage basis. For the reasons the Special Collector (L.A.) requested the Forest officials to examine the proposal and issue suitable instructions to the concerned for re-assessment of Subabul trees scientifically and furnish the assessment reports at an early date to finalise the Land Acquisition for payment of compensation to the land losers. In view of the above, it is not correct to say that the Special Collector (L.A.) had acted with vested interest and grudge against the petitioners. However, the land will not be taken possession forcibly from the land losers as apprehended by the petitioners and it will be taken possession only after passing the award and observing all formalities under the Act. Being an approving authority, the Special Collector (L.A.) had requested the Forest officials to re-examine the matter as the values adopted are very high side and which involves Government money. 16. In reply to para-3 of the affidavit, it is stated that it is a fact that the 1st respondent is not acting against the interest of the petitioners. The 2nd respondent initiated Land Acquisition proposals according to the Land Plan schedules furnished by the requisitioning Department. Accordingly draft notification under Section 4(1) of the Act was published to acquire the land under the provisions of the Act of an extent of Acs.225.67 cents in Velagaleru village of G.Konduru Mandal for excavation of Right Main Canal under Indira Sagar (Polavaram) Project vide package VII at chainage from 170.535 to 174.760. The above draft notification under Section 4(1) of the Act was published without invoking urgency clause under Section 17(1) of the Act by the Collector, Krishna. A notice was also issued to the land losers including the petitioners to attend the enquiry under Section 5-A of the Act on 28-3-2008 at Gram Panchayat Office, Velagaleru before Land Acquisition Officer vide Rc.C.33/2008 dated 25-2-2008. However, the petitioners did not attend the enquiry and approached this Court and filed W.P.No.4765/2008 and orders were obtained to conduct panchanama to know the exact length and measurements of trees that existed in the proposed extent. It is further stated that according the land acquisition procedure after completion of the enquiry under Section 5-A of the Act, the Land Acquisition Officer shall constitute a team of officials with Revenue, Forest, R&B, Horticulture and Agriculture officials to assess the values of land, trees, structures, buildings and crops existed on ground. However, before completion of the due procedure under the Act i.e., at the stage of the enquiry under Section 5-A of the Act, the petitioners approached this Court and sidelined the land acquisition process and as such it