IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 8470 of 2001 Between: T.Ammayamma, W/o.T.Anjaneyulu, R/o.24/67, NGO Colony, Puttur, Chittoor District. ..... PETITIONER AND 1 The District Collector, Chittoor. 2 The Revenue Divisional Officer, Chittoor. 3 The Mandal Revenue Officer, Puttur, Chittoor District. 4 The Executive Engineer, WSM Division, Tiruapti, Chittoor District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents in not paying compensation for the acquired lands in Sy.No.291 measuring an extent of Ac.2.75 cents of Krishnasamudram revenue village, Tirumalakuppam group, Puttur sub-district, Chittoor district as illegal, arbitrary and consequently direct the respondent to pay compensation as envisaged under the provisions of the Land Acquisition act and pass. Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed by the petitioner seeking for issuance of a writ of mandamus declaring the action of the respondents in not paying compensation for the acquired lands in Sy.No.291 measuring an extent of Ac.2.75 cents of Krishnasamudram revenue village, Tirumalakuppam group, Puttur Sub-District, Chittoor District, as illegal and arbitrary and consequently, direct the respondents to pay compensation as envisaged under the provisions of the Land Acquisition Act (for brevity ‘the Act’). The case of the petitioner is that the land in Sy.No.291 measuring an extent of Ac.11.85 cents of Krishnasamudram revenue village, Tirumalakuppam group, Puttur Mandal, Chittoor District, was purchased by Smt.Kanthamma by means of a registered sale deed in 1986 and she was in possession of the same. In 1996, an extent of Ac.2.75 cents of land in the above survey number was forcibly taken over by the fourth respondent i.e., the Executive Engineer, WSM Division, Tirupati, Chittoor District, for formation of new tank across vagu near Krishnasamudram in Puttur Mandal. Smt.Kanthamma filed O.S.No.35 of 1996 on the file of the Court of Principal District Munsif, Puttur, restraining the respondents from interfering with her possession and obtained the interim injunction. Thereafter, on the assurance given by the defendants in the suit for payment of compensation by acquiring the land, Smt.Kanthamma withdrew the suit. She died in 1998 and the property devolved on the petitioner, but in spite of the representations made by the petitioner she was not paid the compensation. It is also stated that the Mandal Revenue Officer issued notices in R.O.C.No.A2/47/98 dated 31-03-1998 directing the petitioner to appear before him for enquiry on 06-04-1998 on the assured payment of compensation and pursuant to the said notice she appeared before the Mandal Revenue Officer and in the enquiry she was assured that she will be paid the compensation. But no compensation was paid. It is also stated that before conducting the enquiry by the Mandal Revenue Officer, the Revenue Divisional Officer addressed a letter in R.O.C.No.F/1759/96 dated 27-03-1998 to the fourth respondent stating that the department has not received the land acquisition charges for the work for formation of new tank across vagu near Krishnasamudram in Puttur Mandal and the draft notification and draft declaration proposals were kept ready and are delayed for want of funds and he also requested the fourth respondent to send 80% of the land charges amount to the office urgently. But thereafter nothing has happened in spite of the registered letter dated 20-12-1999 to the Mandal Revenue Officer and to the Joint Collector from the petitioner requesting them to pay compensation for the lands acquired. Therefore, the present application is filed. The petitioner in the writ petition claims to be having right over the land in an extent of Ac.2.75 cents in Sy.No.291 of Krishnasamudram Revenue village, Tirumalakuppam group, Puttur Sub District, Chittoor District. She accrued the right over the land in question through the owner of the land viz., Smt.late Kanthamma who is stated to be purchaser of an extent of Ac.11.85 cents of land in Sy.No.291 in 1986 by virtue of a registered sale deed. The extent of Ac.2.75 cents of land was taken over by the fourth respondent for the purpose of formation of new tank across vagu near Krishnasamudram in Puttur Mandal. Therefore, Smt.Kanthamma filed a suit for injunction and obtained interim injunction and thereafter on the assurance given by the authorities concerned the said suit was withdrawn and thereafter Smt.Kanthamma died in 1988 and consequently the rights over the land taken over by the fourth respondent were, devolved on the petitioner. Therefore, she started making representations to the respondents for payment of compensation by initiating the land acquisition proceedings. No compensation was paid, but however, the Mandal Revenue Officer basing on the representation made by him issued a notice on 31-03- 1998 seeking to conduct the enquiry into the matter and the enquiry was conducted on 06-04-1998 in which the petitioner participated and requested him to pay the compensation. It also appears that the Revenue Divisional Officer in his letter dated 27-03-1998 requested the fourth respondent to deposit the land acquisition charges for issuing the necessary notification under the Act and for initiating the land acquisition proceedings in respect of the land in question. But in spite of the registered letter dated 20-12-1999 addressed by the petitioner to the Mandal Revenue Officer and Joint Collector nothing has been done. Neither the proceeding under the Act has been initiated nor paid the compensation to the petitioner in connection with the land stated to have been acquired by the respondents for the purpose of formation of new tank across the vagu near Krishnasamudram. Learned counsel for the petitioner submits that the acquisition of the lands of the petitioner without resorting to invoke the provisions of the Act and without paying compensation to the petitioner is in violation of Article 300-A of the Constitution of India. No counter affidavit has been filed by the respondent in the matter. It appears that the land of the petitioner has been stated to have taken by the fourth respondent for the purpose of formation of tank without following due process of law and no compensation was paid. Therefore, having regard to the facts and circumstances of the case and having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, the writ petition is disposed of directing the respondents to take appropriate action in accordance with law with regard to the payment of compensation to the petitioner, within a period of six months from the date of receipt of a copy of this order. No costs. __________________ 26th November, 2008 SKM