IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTYSIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE P.S. NARAYANA WRIT PETITION No.7610 OF 2006 Between: Sri Duggala Srinivasulu and three others. ..... PETITIONERS AND 1. The Secretary to Government, Irrigation and Command Area Development, Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The Special Collector, Galeru Nagari Sujala Sravanthi Project, N.G.O.Colony, Cuddapah. 3. The Special Deputy Collector-cum-Land Acquisition Officer, Somasila Project, Unit-II Cuddapah. 4. The Executive Engineer, Somasila Project, Division-I, Somasila, Nellore Dist. 5. The Government of Andhra Pradesh, by the Chief Secretary, Secretariat, Hyderabad. ....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.7610 OF 2006 ORDER: This Court issued Rule nisi on 06.12.2006. The additional affidavit was filed by the writ petitioners and a counter-affidavit in detail also had been filed. The Government of Andhra Pradesh represented by Chief Secretary also was impleaded as per order dated 06.12.2006. 2. The writ petition is filed to declare the action of the respondent authorities in not considering the representations of the petitioners, dated 19.12.2005 and 31.12.2005 for inclusion of the petitioners 1, 3 and 4, structures in MRH CC roof 70.58 sq.mts., 128.05 Sq.mts., and GI 43.00 Sq.mts., & BRH 25 Sq.mts., situated in Sy.No.98/1, of Bodicherla Main Village, Gopavaram Mandal, Cuddapa District, and in not considering the representation of the 2nd petitioner for inclusion of the correct structures in respect of SPR No.175 of Bodicherla Harijanawada, Gopavaram Mandal, Cuddapah District in the Notifications under 4(1) & 6 of Land Acquisition Act, dated 17.12.2005 and 19.12.2005 respectively, before passing the award as arbitrary, illegal, null and void and is against the principles of natural justice and norms of the public policy and contrary to the provisions of Land acquisition Act and to consequentially directing the respondent authorities to notify the extents and nature of the buildings of the petitioners after conducting the enquiry and to pay compensation accordingly and pass such other suitable orders. 3. It is stated that the respondent authorities had published notifications dated 17.12.2005, vide Ref.No.GNSS/D/421/2005 and GNSS/D/420/2005 under Sec.4(1) of the Land Acquisition Act, for acquisition of the village of Bodicherla Village (Both Bodicherla main village and Bodicherla Harijanawada respectively), Gopavaram Mandal, Cuddapah District due to submergence of the lands under the Somasila project. The respondent authorities have also invoked urgency clause and dispensed with the enquiry under Section 5-A of the Land Acquisition Act. The respondent authorities have also published respective Draft declarations under Section 6 of the Land Acquisition Act on 19.12.2005 showing the details of the extents of the buildings of each individual. 4. It is also stated that the petitioners houses are sought to be acquired under the above said notification, wherein the petitioners names are not shown in the notification under Sec.4 (1) of the Act but in the proceedings of the requisition department the property details of the 2nd petitioner are shown as SPR No.175 but the measurements are shown wrongly. In respect of the properties of the other petitioners are not at all shown in the Notification under Sec.4 (1) of the Land Acquisition Act. It is also stated that the respondent authorities published the draft declaration under Sec.6 of the Land Acquisition Act on 19-.12.2005 by invoking urgency clause and by dispensing with the enquiry under Sec.5-A of the Act. The notification under Sec. 4 (1) of the Act was reproduced in verbatim in the notification under Sec.6 Draft declaration. The petitioners properties except the properties of 2nd petitioner were not shown either in 4(1) notification or under Sec.6 declaration. The extents and the nature of the buildings of the petitioners are as given below: i) 1st petitioner’s building is an MRH (CC) i.e., concrete slab building and total extent of the building is 70.56 Sq.mts, situated in Sy.No.98/1 B of Bodicherala main village. ii) 2nd petitioner’s building is originally MRH (CC) building and total extent of the building is 5395 Sq.mts., but the notifications only shows that the extent of building is BRH in nature of 25.00 Sq.mts, and GISR(V) of 18.12 sq.mts. iii) In respect of the 3rd petitioner’s building is concerned, MRH (CC) roof with an extent 128.05 sq.mts., situated in Sy.No.98/1 B of Bodicherla main village. iv) In respect of 4th petitioner is concerned she is having a house with nature of GI 43 sq.mts and BRH 25 Sq.mts in Sy.No.98/1B of Bodicherla main village. But this property is not even notified. 5. It is also stated that in order to make representation by the petitioners, no opportunity was given to the petitioners to put their case before the respondent authorities as the enquiry contemplated under Section 5-A, is dispensed with by invoking urgency clause. 6. It is also stated that, in fact, the petitioners made the representations to the respondent authorities on 19.12.2005, and 31.12.2005 bringing it to the notice of the respondent authorities about the structures which were not published and also about the mistake occurred in showing the structures of the 2nd petitioner in the notification. The 3rd respondent also addressed a letter to the 4th respondent for physical verification and to report vide proceedings Ref.No.B/9/06, dated 16.03.2006. But neither the 4th respondent nor any other respondent are not conducting any enquiry or any verification in respect of the structures in dispute and are proceeding with the award enquiry basing on the draft declaration published under Sec.6 of the Land Acquisition. Once the Section 6 declaration is published the award enquiry will be conducted basing on the said declaration and no opportunity would be given to the petitioners in respect of their un notified properties for rectification or correction of the details of the extents and nature of the structures and the petitioners whose property is being acquired shall be submerged and the petitioners shall suffer irreparable loss and much injustice would be caused. 7. Further it is stated that unless the structures are notified the petitioners would not get the compensation amount and later the petitioners shall loose the right to claim the compensation for the structures that are sought to be acquired. It is also stated that the action of the respondent authorities in publishing the notification without conducting the enquiry properly as directed by the district empowerment committed, is absolutely unsustainable and the action of the respondent authorities in publishing the notification under Sections 4 and 6 almost the simultaneously without giving any opportunity to the petitioners to put forward their objections is arbitrary, illegal, null and void is against the principles of natural justice and norms of the public policy. 8. In the additional affidavit filed by the petitioners, it is stated that the respondent authorities had published notifications dated 17.12.2005, vide Ref.No.GNSS/D/421/2005 and GNSS/D/420/2005 under Sec.4(1) of the Land Acquisition Act, for acquisition of the village of Bodicherla Village (Both Bodicherla main village and Bodicherla Harijanawada respectively), Gopavaram Mandal, Kadapa District due to submergence of the lands under the Somasila project. The respondent authorities have also invoked urgency clause and dispensed with the enquiry under section 5-A of the Land Acquisition Act and published respective Draft declarations under Section 6 of the Land Acquisition Act on 19.12.2005 showing the details of extents of the buildings of each individual under the above said acquisition. 9. It is also stated that the respondent is the owner and possessor of the land in an extent of Ac0.03 cents in Sy.No.98 / 1 B of Bodicherla village, wherein they constructed a concrete slab building with a plinth area of 70.56 Sq.mtrs, which is MRH CC situated in Sy.No.98/1 B of Bodicherala main village and the respondent is residing in the said house. 10. Further it is stated that the 2nd petitioner is the owner and possessor of the land in an extent of Ac 0.04 cents in Sy.No.98/ 2B of Bodicherla village. Wherein the 2nd petitioner has constructed a building in a plinth area of 53.95 Sq.mts., and a GI sheets shed in a plinth area of 25.00 Sq.mts., and is residing in the said house and using the asbestos sheets shed for the purpose of storing the agricultural produce and implements. 11. It is also stated that the 3rd petitioner is the owner and possessor of the land in an extent of Ac.0.05 cents in Sy.No.98/1B and he has constructed a building with a plinth area of 128.05 sq.mts., and is residing in the said building. 12. Further it is stated that the 4th petitioner is concerned that she is the absolute owner and possessor of an extent of Ac.0.03 cents of land in Sy.No.98/1B and she has constructed a house with GI sheets with a plinth area of 43 sq.mts. and has raised a thatched house with plinth area of 25 sq.mts. in the above said land and is residing in the said house and also using the same for storing the agricultural implements and produce. 13. Further averments had been made in paras 8, 9, 10 and 11 of the additional affidavit as well. 14. In the counter-affidavit filed by Respondent No. 3 it is stated that the Executive Engineer, Division No.1, Somasila project, Somasila, Nellore District, has submitted a requisition in the year 2003 for acquisition of lands and structures in Boddecherla Main Village and Harijanawada H/o Boddecherla village to the Special Deputy Collector, (LA), Telulgu Ganga Project, Unit-II, Kadapa for the purpose of foreshore submersion of Somasila project. The Executive Enginner has submitted his requisition to 3rd respondent for Phase-I vide his requisition dated 18.07.2003. The structures existing in the land as on 18.07.2003 covered by the said villages have been requisitioned by the Executive Engineer had inspected the structures existing in Boddecherla main and Harijanawada village and photographed the same. As per instructions issued by the Special Collector, the Special Deputy Collector has attended the acquisition pertaining to Phase-II during the year 2005. Therefore, the acquisition in respect of the structures has been taken up in the year 2005 as per the requisition made by the Executive Engineer in the year 2003. Accordingly, a Joint Inspection was conducted by the Special Deputy Collector, Telugu Ganga Project, Unit-II, Cuddapah and Executive Engineer, Somasila along with their staff for verification of the structures existing on the ground in Boddecherla main and Harijanawada village on 24.10.2005 and 25.10.2005 as per the requisition made by the Requisition Department. After verification of the structures the 3rd respondent had submitted proposals of Draft Notification under Section 4(1) and Draft Declaration under Section 6 of the Land Acquisition Act, to the Special Collector, GNSS, Cuddapah vide this office Lr.Ref.No.A.41/05, dated 5-12- 2005 and A.41C/2005 dated 23.11.2005 for approval. The Special Collector, GNSS, Cuddapah has approved the said Draft Notification and Draft Declaration vided his proceedings in Ref.No.GNSS/D/421/05 dated 7.12.2005 and Ref.No. GNSS/D/420/05 dated 02.12.2005 duly invoking urgency clause under Section 17(4) of the Act in view of urgency. Accordingly the Draft Notification under Section 4(1) and Draft Declaration under Section 6 of the Land Acquisition Act were published in Cuddapah District Gazette News Paper and locality in respect of Boddecherla main and Harijanawada village as detailed hereunder: D a t e of publication made in Kadapa District Gazette D a t e of publication in two daily news papers in respect of the following villages Date of publication in the locality. Draft Notification under Section 4(1) Gazette No.124 dated 12.12.2005 Boddecherla main: Eenadu dated 17.12.2005 Vartha dated 17.12.2005 20.01.200 Gazette No.122 dated 12.12.2005 Harijanawada (V) Sayankalam dated 17.12.2005 Andhra Jyothi dated 17.12.2005 20.01.2006 Draft Declaration under Section 6 Gazette No.125 dated 15.12.2005 Boddecherla main: Eenadu dated 19.12.2005 Vartha dated 20.12.2005 20.01.2006 Gazette No.123 dated 15.12.2005 Harijanawada (V) Sayankalam dated 19.12.2005 Andhra Jyothi dated 19.12.2005 20.01.2006 15. Further it is stated that it is true that invoking urgency clause and dispensed with the enquiry under Section 5-A of the Land Acquisition Act. But the verification was made under joint inspection conducted by the Executive Engineer, Somasila Division No.1, Nellore and finally published the Draft Notification and Draft Declaration under Section 4(1) and 6 of the Land Acquisition Act on 17.12.2005 and 19.12.2005 respectively. According to the petitioners view the SPR.No.175 type of structure MRCH CC Plinth Area 53.93 sqm. But in Notification shown that BRH Plinth Area 25.00 sqm. And GISR (V) Plinth Area 18.12 sqm. In this regard he submitted that in requisition submitted by requisition authorities shown as BRH Plinth Area 25.00 sqm. and GISR (V) 18.25 sqm. only. After the petitioners given the representation it is also forwarded to the requisition department for their report in the earlier requisition was made error if any. There they personally came to the office and rectified the errors if any. There they personally came to the office and rectified the errors but the above measurement was shown as BRH Plinth Area 25.00 sqm. GISR(V) 12.12 sqm. Therefore, their intention is wrong. In regarding to the 1st, 3rd and 4th petitioners representation is follows: The 1st petitioner building is MRH CC Plinth Area 7.56 sqm, is S.No.98/1B in Boddecherla Main village. The 3rd petitioner building is MRH CC with Plinth Area 128.05 sqm., in S.No.98/1B in Boddecherla Main village. The 4th petitioner building is GI with Plinth Area 43.00 sqm., and BRH 25.00 sqm., is in S.No.98/1B of Boddecherla Main Village. Their allegation is not shown in the above structures to the notification which was published on 17.12.2005 and 19.12.2005. 16. In this regard he submits that the above structures are not shown in the requisition and further report. Hence after verification and joint inspection those structures which were existing on the ground which published in Draft Notification and Draft Declaration and the structures which were not present at the time of joint inspection are not published in Draft Notification and Draft Declaration. Hence their allegation is completely wrong and misleading for wrongful gain from the Government. 17. In the affidavit filed by the 5th respondent it is stated that the Executive Engineer, Division No.1, Somasila Project, Somasila, Nellore District, had submitted a requisition for land in the year 2003 for acquisition of lands and structures in Boddecherla Main village and Harijanawada, H/o Boddecherla Village to the Special Deputy Collector (LA) Telugu Ganga Project, Unit.II,Cuddapah for the purpose of foreshore submersion of Somasila project. The Executive Engineer had submitted requisition for land to the 3rd respondent i.e., Special Deputy Collector-cum-Land Acquisition Officer, Somasila Project, Cuddapah for Phase I vide his requisition dated 18.07.2003, the Executive Engineer had inspected the structures existing in Boddecherla Main village and Harijanawada H/o Boddecherla village and photographed the same. As per instructions issued by the Special Collector, the Special Deputy Collector processed the acquisition of land pertaining to Phase II during the year 2005. The acquisition of land was taken up in the year 2005 as per the requisition made by the Executive Engineer in the year 2003. A Joint Inspector was conducted by the Special Deputy Collector Telugu Ganga Project, Unit-II, Cuddapah and Executive Engineer, Somasila along with their staff for verification of the structures existing on the ground in Boddecherla Maikn village and Harijanawada H/o Boddecherla village on 24.10.2005 and 25.10.2005 as per the requisition made by the requisitioning department. After verification of the structures by 3rd respondent i.e., SDC LAO, Somsila project, Unit.II, Cuddapah, the respondent had submitted proposals of Draft Notification under Section 4 (1) and Draft Declaration under Section 6 of the Land Acquisition Act, to 2nd respondent Special Collector, GNSS project vide office Lr.Ref.No.A/41/05 dated 5.12.2005 and A/41C/2005 dated 23.11.2005 for approval. The 2nd respondent i.e., Special Collector, GNSS Project had approved the said Draft Notification and Draft Declaration vide proceedings in Ref.No.GNSS/D/421/05 dated 07.12.2005 and Ref.No.GNSS/D/420/05 dated 02.12.2005 duly invoking urgency clause was invoked due to floods in the year 2005 when a quantum of 88.9 TMC of water was surplused from the Reservoir because of non-acquisition of lands beyond + 317.00 contour. Accordingly, the Draft Notification under Section 4 (1) and Draft Declaration under Section 6 of the Land Acquisition Act were published in Cuddapah District Gazette News Paper and locality in respect of Boddecherla main and Harijanawada, H/o Boddercherla village as detailed hereunder: N o . & Name of the Petitioner A s per Requisition Dated 18.07.2003 Type/Sq.mts. A s per Notification dated 26.11.2005 7.12.2005 Type / Sq.mts Sri Duggala Srinivasulu S/o Subba Reddy -- -- Bandlemuri Narasimhulu S/o Ramaiah BRH.25.00 GISR (V) 18.12 BRH-25.00 GISR(V) 18.12 Kundeti Narasimhulu S/o Peddaguraiah -- -- Poppu Dippu Rajamma W/o Venkata Subbareddy -- -- 18. It is also stated that various G.Os were issued to streamline the land acquisition in Somasila Project. These are as detailed hereunder: a) In 1973, the Government had embarked upon the construction of Somasila Project, initially for storing 16 TMC of water. Subsequently, Government of Andhra Pradesh have increased the scope of the Somasila Project to store 78 TMC of water. Somasila Project has been under construction for almost two decades. It had come to the notice of the Government that certain unscrupulous elements were seeking to make illegal gain by constructing flimsy structures with material obtained by dubious means in the hope that such structures would be acquired at a price far in excess of their worth and thus making unlawful gain to the detriment of public interest. The Special Collector, TGP, Nellore had pointed out that requisitions filed for acquisition of residential structures are far in excess of the number of house holders reported in the census as also in the Multipurpose household Survey conducted by Government. In the light of the above for accelerating the land acquisition of Somasila Project, G.O.Rt.No.553, dated 02.08.2002 was issued by I & CAD Department and an Empowered Committee was constituted vide the G.O. afore cited comprising the following members. 1) District Collector, Kadapa 2) Special Collector, TGP, Nellore 3) Superintending Engineer, TGP, Circle, Kadapa The functions to be discharged by the Committee are as under: 1) Vet all requisitions, which are to be notified 2) To convene meetings along with affected persons wherever needed 3) Ensure that the LA disbursement takes place well in time of the proposed submergence. 4) All matters arising out of the Somasila Land Acquisition. b) G.O.Rt.No.393, Dated 16.05.2003 was issued by Irrigation Department. Vide this G.O., a Cabinet Sub Committee was constituted to examine the proposals of the District Empowered Committee constituted in G.O.Rt.No.553, dated 02.08.2002 of Irrigation Department. 1) To develop modalities for classifying the existing structures into different types 2) To determine the suitability of methods of valuation for the structures 3) To decide about the enhancement in compensation payable to the awardees under different categories, to secure consent and to pay consent award 4) The committee will visit the affected villages and interact with the people and also with the representatives of different political parties c) Government after taking into consideration the recommendation of the Cabinet sub-committee (constituted in G.O.Rt.No.393 dated 16.05.2003), issued the following instructions vide G.O.Rt.No.484, I & CAD, dated 26.06.2003. 1) Acquisition of land and structures in the balance villages shall be expedited through passing consent awards. 2) Structures which need to be compensated and missing in the current DN should be covered through a supplementary notification. 3) Valuation of these structures as per current Standard Schedule of Rates (SSR) should be arrived at 4) The District Collector, Cuddapah is permitted to negotiate with the Village Community and arrive at suitable enhancement up to maximum of 50% to facilitate consent awards 5) The entire negotiations exercise is to be conducted in a transparent way to the knowledge of every one concerned 6) Should there be any structures that have come up due to efflux of time and with an objective of improving the standards of living, they need not be precluded from the current notification, unless and otherwise the District Empowered Committee has strong reasons to exclude them. No structure that is non-existing shall be paid for 7) While fixing the basic rate and while negotiating the enhancement for consent award, the District Empowered Committee may offer different values/levels of enhancement taking into consideration the nature and the circumstances relating to the structure in question 8) The District Collector, Cuddapah and the Special Collector, TGP, Nellore are directed to ensure photography of all the structures using digital camera from various dimensions 9) The entire remaining land acquisition steps should be completed within next three months period 10) Payment of compensation to the awardees shall be done in a transparent manner by delivering the cheques in the Gramasabha. d) The District Collector, Cuddapah requested Government permission to notify the left out genuine structures and pass consent awards by offering 25% increase over the estimated value arrived at by the Engineering Department for the structures, following 2002-2003 SSR rates. Accordingly, the Government in Irrigation Department issued G.O.Rt.No.802, dated 30.10.2003 by appointing the following officers as Special officers to oversee and support the entire process: a) Joint Collector, Kadapa b) Special Collector, Srisailam c) Special Collector, SRSP The responsibilities of the Special Officers were: a) to ensure whether the structures are genuine b) whether the plinth area is correctly arrived at c) to ensure that the classification of the structures for the preparation of the estimates is correctly done as it shall be approved based on the personal inspection of the Special Officers e) Government had issued consolidated instructions vide Memo No.139159/T.G.P.II/03, I & CD (PW) Department, dated 24.11.2003 which envisages that the Special Officer should ensure that all the structures already got enumerated by the teams formed by the District Empowered Committee are got inspected cent percent by constituting teams consisting of officers of their units to ensure the 1) genuineness of structures 2) Arrival of correct plinth area. 19. It is also stated that the action taken by the Land Acquisition Authorities for Somasila Project which are relevant for the purpose of this writ petition are as under: 1) The Executive Engineer, submitted requisition of lands and structures in Boddecherla Main village and Harijanawada, H/o Boddecherla village vide his requisition dated 18.7.2003, after conducting due verification duly noting structure number and taking measurements of plinth area and noting the type of structures. 2) The District Empowered Committee vide proceedings No.G2/2606/02, dated 14.7.2003 issued orders constituting a team of Officers comprising M.R.O., Pulivendula, Assistant Executive Engineer, G.N.S.S. Division, Tirupati for enumeration of structures at Boddecherla village. The team proceededto the village on 30.7.2003 and conducted enumeration of structures in the presence of village level committee and completed the work by 7.8.2003 and submitted its report on 19.8.2003. 3) The District Collector and Chairman District Empowered Committee, Kadapa vide proceedings Rc.No.C/109/05, dated 6.9.2005 appointed Joint Collector, Nellore as Special Officer for the villages of Boddecherla and Gattupalli. 4) Since the structures that are in existence in the year 2002 are to be notified subject to issuing supplementary notification depending upon genuinity of structure and necessity due to efflux of time the notifications under Section 4(1), vide proceedings RC.No.G.N.S.S./D/420/05, dated 2.12.2005 (Boddecherla HW) and vide proceedings Rc.No.G.N.S.S./D/421/05 dated 7.12.2005 Boddecherla main village), were issued basing on the requisition made by the Engineering Department on 18.7.2003 5) The Special Officer/Joint Collector, Kadapa has submitted his report to the District Collector and Chairman, District Empowered Committee, Kadapa vide Ref.No.D/348/06 dated 16.12.2006 regarding the objections to notifications under Section 4(1). The Special Collector/Joint Collector Kadapa has inspected on 15.12.2006 along with Special Collector, GNSS, Kadapa and the LAO, duly giving notices to the writ petitioners and they have inspected Boddecherla village and Harijanawada, H/o Boddecherla village for the purpose of verification of structures claimed by petitioners in W.P.No.7610 of 2006. Now the status report of the Special Officer/Joint Collector has been placed before the District Empowered Committee for taking a decision. 20. It is further stated that the objections raised by the petitioners in their representations dated 19.12.2005 and 31.12.2005 on the notification issued in the month of December 2005 had been examined by the Special Deputy Collector and