THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.188 of 2005 Dated:14.12.2010 Between: Vedulla Ramamurthy And another. …Petitioners. And A.P.Transco, And others. …Respondents THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.188 of 2005 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in not following the procedure as contemplated under the Land Acquisition Act, 1894 (the Act, for brevity), as arbitrary and violative of Articles 14 and 300A of the Constitution of India. A consequential direction is also sought to direct the respondents to pay the compensation as per the provisions of the Act. The facts are not much in dispute. It appears, through the petitioners’ lands in survey Nos.35, 35/4, 33/9 and 8/1A situated at Vedullapalem Village of Nakkapalli Mandal in Visakhapatnam District, the A.P.Transco laid high-tension wires. In the said process, 39 Cashew trees, 37 Toddy trees, 5 Neem trees, 1 Lemon tree, 1 Sapota tree, 20 Casurina (Sarugudu) trees, 1 Nerusu (wood) tree and Ac.0.80 cents of Cotton crop, in all, were destroyed. According to the petitioners, they were paid a compensation of Rs.39,000/-. The petitioners allege that the nature of the trees and the period of fruit bearing etc., were not scientifically obtained as decided by the Horticulture Department. For example, 39 Cashew trees would fetch a minimum of Rs.25,000/- income per year for at least 60 years. This aspect of the matter was not taken into consideration by the department of A.P.Transco while paying the compensation for the loss of trees. It is the further case of the petitioners that no compensation has been paid for the land, which is acquired for the purpose of locating the polls. In fact, even the other trees existing on the land became useless, because of the high-tension wires passing above them. These are all the facts, which need to be verified. Under the above circumstances, the third respondent is directed to get the matter enquired through the Mandal Revenue Officer concerned as to number of trees of each category on the petitioners’ subject lands; and the fruit bearing period of those trees and the crop yield per year etc., from the Horticulture Department, and pass appropriate orders as per law within a period of eight weeks from the date of receipt of a copy of this order. On the decision being made by the third respondent, the first and second respondents shall pay the amounts to the petitioners within a period of four weeks thereafter. The Writ Petition stands disposed of accordingly. There shall be no order as to costs. __________________ (C.V.RAMULU, J) 14.12.2010 vs