THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24294 of 2006 Date: 18.01.2008 Between: Kapuganti Venkata Subbaiah … Petitioner AND The Govt.of Andhra Pradesh, Rep by Principal Secretary, Municipal Administration Department, Hyderabad. & others. … Respondents Counsel for the petitioner: Sri M.Subba Reddy Counsel for respondent No.1: G.P. for Municipal Admn., Counsel for R2 to R4 : G.P.for Revenue. Counsel for Respondent No.5: Sri M.Venkateswar Reddy HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24294 of 2006 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in dispossessing the petitioner from Ac.0.43 cents of land in Sy.No.345/A1, 345/IC, 341/1A and 340/1 of Nellore Bit-I, Kondayapalem village, Nellore Town for the purpose of formation of mini bye-pass road without initiating any proceedings under the Land Acquisition Act, 1894 (for short “the Act”) and without paying compensation as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India. Heard Sri M.Subba Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. Ms.M.Padmavathi, Special Tahsildar & Land Acquisition Officer, Nellore filed a counter affidavit and in para-4 it is averred as under: “ In reply to the averments made in para-2 of the petitioner’s affidavit it is submitted that it is true that the petitioner’s land to an extent Ac.0-41 cents was covered by 100 ft. mini bye-pass road. The said land is only Ac.0-41 cents and not Ac.0.43 cents as stated by the petitioner. The survey numbers mentioned by the petitioner were also sub-divided subsequently in the sub-division made in the year 1991 as Sy.Nos.345/C1B, 345/C2B, 341/A2A, 345/A1A2 and 341/1A. As the requisitioning department i.e., Commissioner of Municipality has not submitted requisition for Ac.0.41 cents belonging to the petitioner, the Land Acquisition Officer could not initiate Land Acquisition proceedings for the said land. The land acquisition proceedings were initiated only to the land to an extent of Ac.1.82 cents as per the requisition made by the Commissioner of Municipality, Nellore and the Land Acquisition proceedings are valid and legal.” Learned counsel for the petitioner stated that in view of the stand taken by the Land Acquisition Officer that an extent of Ac.0.41 cents is affected in the formation of road and the further stand that since the requisition department, namely, Commissioner of Municipality has not given the requisition, the land could not be notified for acquisition and compensation could not be paid, the learned counsel submitted that appropriate directions may be given to the respondents to take steps to initiate acquisition proceedings and for payment of compensation to the petitioner. Under Article 300-A of the Constitution no person can be deprived of the property otherwise than by way of due process of law. Depriving the citizen of the property without payment of due compensation is also violative of Article 31-A of the Constitution. In the face of the admitted fact that an extent of Ac.0.41 cents belonging to the petitioner is utilized for formation of road, I see no justification whatsoever on the part of the Municipal Corporation, Nellore – respondent No.5 in not requisitioning the property for being acquired under the provisions of the Act. The writ petition is therefore allowed. Respondents are directed to take immediate steps to initiate proceedings under the Act and complete the proceedings as expeditiously as possible and in no case later than three months from the date of receipt of a copy of this order. ___________________________ C.V.NAGARJUNA REDDY,J Date:18.01.2008 mdaa