THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.10734 of 2004 ORAL ORDER: It appears, petitioner is the owner of land to an extent of Ac.3-02 guntas in Mangalpally village, Ibrahimpatnam mandal, Ranga Reddy district. She dug a 100 ft. Well in the said land for the purpose of cultivation and constructed a thatched house and obtained electricity connection. In the year 1998, the persons belonging to respondent authorities, without notice to the petitioner entered the land and started digging the land for the purpose of erecting polls. While erecting the polls, they have used landmines, due to which, the standing crop, Well and the thatched house were damaged. On the representation of the petitioner dated 3.10.1998 seeking compensation, first respondent addressed letter to the petitioner on 5.10.1998 stating that compensation will be paid after assessing the damage by the second respondent. Thereafter, petitioner made several representations to the respondents on 25.4.2001, 24.4.2003, 2.5.2003, 3.11.2003 etc., but there was no response. Hence this writ petition. The first respondent filed a detailed counter denying the allegations made by the petitioner and stated that in response to the petitioner’s letter dated 2.5.2003, she was issued with a letter duly informing that compensation for standing crops if any damaged during erection of 400 KV line shall be arranged based on the assessed value by the second respondent in a valuation statement. It is further stated that with regard to use of petitioner’s land for camping of labour, storing material and equipment and damages, if any caused, the responsibility to compensate lies with the erection Contractor executing the Works and in fact, petitioner addressed a letter to M/s Kalpataru Power Transmission Ltd., the Line Contractor and the outcome of the said correspondence is not known and the petitioner is silent in this regard. It is further stated that since there is no standing crop and as no damaged caused to Well or House of the petitioner at the time of laying of 400 KV line, the question of payment of compensation does not arise. Apart from that, the learned counsel for respondents also placed before the Court the Joint Inspection Report of the second respondent dated 10.8.2004, wherein it is stated “Inspected the land bearing Sy.No.568 to an extent of Ac.3-02 guntas situated at Mangalpally village along with A.P. Transco officials. On ground the land follow at present. There is a room with mud walls of size 11 x 11’ and one metre height open to the sky in dilapidated condition near abandoned well, which is 350 ft. from Tower location. On verification of the village record, i.e. pahani for the year 1997-98 of Mangalpally village is recorded as ‘Padawa’ against Sy.No.568. Therefore, it is evident that the pattedar not cultivated the land, the Tower (No.99 new Old 34) is in the distance of 350 ft. to the well and mud wall room.” It is unfortunate that in the said joint inspection report, there is no whisper as to the fact that at the time of erection of polls, whether there was any damage caused to the land of the petitioner. Under those circumstances, the respondents are directed to reconsider the matter, after collecting evidence from the neighbouring field owners, for the purpose of payment of compensation to the petitioner, and pass appropriate orders, as per law, after putting the petitioner on notice within a period of eight weeks from the date of receipt of this order. However, if the petitioner is not satisfied with the compensation awarded by the respondents, it is always open to her to approach the appropriate authority seeking enhancement of the said compensation. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 9.2.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.10734 of 2004 9.2.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.10734 of 2004 Date: 9th February, 2010 Between: Smt.G.Lakshmi Bai .. Petitioner And The Assistant Executive Engineer, 400 KV/SD-I/Divn.II, APSEB, Mint Compound, Hyderabad & another. .. Respondents