IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14599 of 2005 Between: 1 Chelamala Venkata Reddy, S/o. Narasa Reddy, R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. 2 Eega Madhu, S/o. Subba Rayudu, R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. 3 Eega Vijaya, S/o. Subba Rayudu, R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. 4 Chalamala Narasa Reddy, S/o. Gangi Reddy R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. 5 Chalamala Venkata Krishna Reddy, S/o. Narasa Reddy, R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. 6 Mandla Musalaiah, S/o. Brahmaiah, R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. 7 Kadapa Krishnaiah, S/o. Mallaiah, R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. 8 Kadapa Venkatamma, W/o. Ramanaiah, R/o. Kommuru Village, Now at Konapuram & Thimmarasipalli, Nandalur Mandal, Kadapa District. ..... PETITIONER(S) AND 1 The Special Deputy Collector/Land Acquisition Officer, Unit-IV, Somasila Project, Rajampet, Kadapa District. 2 The Special Collector, Teluguganga Project, Nellore, Nellore District. 3 The Secretary, Irrigation & CAD Department, Government of A.P. Secretariat, Hyderabad. 4 The Superintendent Engineer, Teluguganga Project, Nellore, Nellore 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 to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus directing the respondents to determine the compensation amount payable to the to petitioners and pay to the same due to submersion of their structures under Somasila Project with regard to which is describe at page No. 176, Sl.No. 359, Sy.No. 259/2, Page No. 168 Sl.No. 341, Sy.No. 258/2, Page No. 168 Sl.No. 342, Sy.No. 258/2, Page No. 177 Sl.No. 360, Sy.No. 259/2, Page No. 169 Sl.No. 343, Sy.No. 258/2, Page No. 169 Sl.No. 344, Sy.No. 258/2,Page No. 170 Sl.No. 345, Sy.No. 258/2, Page No. 170 Sl.No. 346, Sy.No. 258/2,Page No. 171 Sl.No. 347, Sy.No. 258/2,Page No. 169 Sl.No. 343, Sy.No.258/2, in the Advocates Commissioner's Report dt. 29-2-1996 submitted in W.P.M.P.No. 36961 of 1995 in W.P.No. 29998/1995 situated in the submerged Kommuru Village of Nandalulu Mandal, Kadapa District and further declare that the inaction of the respondents is opposed to Articles 14, 300-A of Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.RAJENDRA BUSSA Counsel for the Respondent : GP FOR LAND ACQUISITION FOR RAPP-1&2 The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.14599 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the respondents to issue Notification under Section 4(1) of the Land Acquisition Act and pass award and pay compensation to the petitioners relating to the structures submerged in Somasila Project which is described at Page No.176, Sl.No.359, Sy.No.259/2, page No.168, Sl.No.341, Sy.No.258/2, page No.168, Sl.No.342, Sy.No.258/2, page No.177, Sl.No.360, Sy.No.259/2, page No.169, Sl.No.343, Sy.No.258/2, page No.169, Sl.No.344, Sy.No.258/2, page No.170, Sl.No.345, Sy.No.258/2, page No.170, Sl.No.346, Sy.No.258/2, page No.171, Sl.No.347, Sy.No.258/2, page No.169, Sl.No.343, Sy.No.258/2 in the Advocate Commissioner’s report dated 29.2.1996 filed in W.P.M.P.No.36961 of 195 in W.P.No.29998 of 1995 of Kommuru village, Nandalalu mandal, Kadapa district. It is the case of the petitioners that the respondents issued notification under Section 4(1) of the Land Acquisition Act for acquisition of lands along with structures raised thereon in respect of Kommuru village. The grievance of the petitioners is that though the respondents paid compensation to others in respect of land and structures thereon, the same was denied to them. Under those circumstances, earlier petitioners filed W.P.No.29998 of 1995 before this Court and during the pendency of the said writ petition, an Advocate Commissioner was appointed, who filed his report. The report of the Advocate Commissioner would indicate that as many as 405 structures are available, which were not the subject matter of 4(1) notification. According to the respondents, those lands belong to Government and the petitioners have raised structures illegally, therefore, they are not entitled for any compensation. This plea taken by the respondents appears to be unreasonable. If really, the subject lands are Government lands, probably, the respondents are right if those structures are raised after issuance of 4(1) notification, but in this case, petitioners raised structures and residing in the houses for number of years even prior to issuance of 4(1) notification. Though the report of the Advocate Commissioner is staring at them, the respondents are denying compensation to the petitioners in respect of land and structures held by them only on the ground that it is a Government land. Assuming that it is a Government land, once the petitioners have raised structures and residing therein, they are entitled for compensation at least for the structures raised by them, unless it is declared that the petitioners are illegal occupants and the structures raised thereon are after issuance of 4(1) notification. It appears, no legal proceedings were initiated and concluded to evict the petitioner or the structures raised were declared to be illegal under any law for the time being in force. Under those circumstances, the respondents are directed to reconsider the matter for payment of compensation insofar as structures raised by the petitioners which are submerged in Somasila Project as per the report filed by the Advocate Commissioner in W.P.No.29998 of 1995 and pass appropriate orders, as per law, within a period of three months from the date of receipt of this order. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 24.6.2009 DA THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.14599 of 2005 24.6.2009