THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8442 of 2001 25.2.2008 Between: M.Shiva Reddy, S/o. Papi Reddy And others … Petitioners and Government of Andhra Pradesh, represented by The Secretary to Government, Municipal Administration and Public Health and Urban Development, Secretariat, Hyderabad And others … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8442 of 2001 ORDER: Five petitioners are owners of land admeasuring Acs.26.34 gts in survey No.186 to 190 and 219 to 225 situated at Isojipet village of Pulkal Mandal in Medak District. They filed instant writ petition seeking a writ of Mandamus directing respondents to pass Award in respect of above lands, which got submerged in Manjeera project. The case in brief is that when Manjeera Phase-III Project was taken up by Hyderabad Metropolitan Water Supply and Sewerage Board (HMWSSB), petitioners’ land got submerged and compensation was not paid in spite of representation. They therefore filed W.P.No.19009 of 1994. The same was opposed by the Government as well as HMWSSB. After considering the matter, this Court disposed of writ petition on 15.6.1998 directing respondents to initiate proceedings under Land Acquisition Act, 1894 (the Act, for brevity) and pay compensation within one month after completion of proceedings. Petitioners allege that in obedience thereto, notification under Section 4(1) of the Act was issued on 16.11.1998 and during enquiry, Joint Collector, Medak, fixed market value at Rs.20,000/- per acre. Award was not passed for want of funds. The Joint Collector sent a letter to General Manager, HMWSSB, on 11.8.2000 for providing funds. Petitioners allege that Managing Director, HMWSSB, issued proceedings on 09.9.2000 for providing an amount of Rs.8,25,440/- towards compensation. Even thereafter, amount was not paid and therefore present writ petition is filed. Fourth respondent filed counter affidavit on behalf of respondents 3 and 4. The allegation that petitioners are not paid compensation and the land got submerged, are not denied. Land acquisition proceedings initiated as per the provisions of the Act is also not denied. Proceedings of Managing Director of HMWSSB dated 09.9.2000 sanctioning an amount of Rs.8,25,440/- is not denied but it is stated that due to non-availability of funds, Award could not be passed. The General Manager (Engineering), Water Supply & Maintenance, Division No.8, filed counter affidavit. The allegation that petitioners’ land got submerged is denied. It is averred that land claimed by petitioners is not coming in submergence and that petitioners are still continuing in the land. Learned Assistant Government Pleader for Land Acquisition does not dispute that Award could not be passed, as funds are not provided. Insofar as contention of HMWSSB, as disclosed in the counter affidavit of General Manager is concerned, submission cannot be accepted. When this Court considered W.P.No.19009 of 1994, a dispute was raised that land of petitioners was not coming in submergence. Therefore, this Court directed to survey extent of land belonging to petitioners that would be submerged on account of excavation and file report. Report was submitted. After considering report, this Court observed as under. Accordingly, the General Manager, Hyderabad Metropolitan Water Supply and Sewerage Board filed an affidavit and also submitted a report stating that pursuant to the orders of this Court he conducted survey and found that Ac.26.34 guntas of land is covered by submergence. He gave the details of the survey numbers covered by the submergence on account of the Manjeera Project, which are as follows. Particulars of survey Nos.186 to 188, 190, 219 to 221, 224, 225, 229 to 231, 238, 239, 245, 246, 252 and 255 to 257. (omitted). In view of the contents of the report and averments made in the affidavit, the respondents are directed to initiate the land acquisition proceedings in respect of Ac.26.34 guntas covered by the survey numbers mentioned in the report and referred to above, within three months from the date of receipt of a copy of this order. The respondents are also directed to pay the compensation within one month from the date of completion of acquisition proceedings under the Land Acquisition Act. In view of the order in W.P.No.19009 of 1994, it has become final, HMWSSB cannot now be permitted to take such a plea that the land is not coming under submergence. In view of the above, this writ petition is disposed of directing respondents 2 and 5 to make available funds to respondent No.4 to enable passing of Award under Section 11 of the Act. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The writ petition, with the above direction, is accordingly disposed of. No costs. ______________ February 25, 2008 (V.V.S.RAO, J) NOTE: Dispatch a copy of this order to The Managing Director, Hyderabad Metropolitan Water Supply and Sewerage Board, Hyderabad. (By order) YS