IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24247 of 2008 Between: 1 Pothireddy Reddaiah, S/o. Late Lakshmi Reddy, R/o. Uppaturu, Atloor Mandal, kadapa District. 2 Pothireddy Adilaxmamma, S/o. Late Lakshmi Reddy, R/o. Uppaturu, Atloor Mandal, kadapa District. ..... PETITIONER(S) AND 1 The Special Collector (Land Acquisition), Galeru Nagari Sujala Sravanthi, Sankarapuram, Kadapa District. 2 The Special Deputy Collector (Land Acquisition), Telugu Ganga Project, Unit-I, Kadapa, Kadapa 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 appropriate writ, order or direction, more particularly Writ of Mandamus, declaring the action of the respondents in not including the structures Protection wall ) and Trees existing over the of the petitioners lands, in the Draft Notiﬁcation issued under sec.4(1) issued by the ﬁrst respondent, dated 13.11.2007, published in Vaartha Daily, on 14-11-2007, as illegal, arbitrary, unjust, and consequently direct the respondents to include the structures and trees existing in the lands an extent of Ac.0.95 cts, in Sy.No.608/1 & Ac.1.35 Cts., in Sy.No.625/3, of Uppaturu Village of Atloor Mandal, Kadapa District, of the petitioners, by issuing addendum to the Draft Notiﬁcation already issued under Se.4(1) of the Act, dated 13.11.2007, published in Vaartha Daily, on 14-11-2007, and pass Counsel for the Petitioners: MR.SUDARSHAN REDDY DUDDUGUNTA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The petitioners state that their father late Lakshmi Reddy owned an extent of Acs.2.30 cents of land in Survey Nos.608/1 and 625/3 of Uppaturu Village of Atloor Mandal, Kadapa District. The land is said to have been notiﬁed under Section 4 (1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) on 13-11-2007 for the purpose of Somasila Project. According to the petitioners, there exist some structures and trees over the land. It is stated that when the land alone was notiﬁed by the respondents, persons similarly situated as the petitioners filed Writ Petition No. 23907 of 2007, whereas no such steps could be taken by them on account of the death of their father. The grievance of the petitioners is that the respondents are undertaking veriﬁcation of the trees and structures over the lands notiﬁed for acquisition only in respect of the persons who ﬁled writ petitions and similar relief is not extended to them. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. A perusal of order dated 13-11-2007 passed by this Court in Writ Petition No. 23907 of 2007 discloses that a direction was issued to the respondents to verify as to whether there exist any structures or trees over the lands that are notiﬁed for acquisition. Though the land of the petitioner was also notiﬁed almost at the same point of time, the matter could not be pursued on account of the death of the father of the petitioners. The respondents understood the direction issued by this Court in Writ Petition No. 23907 of 2007 as the one confined to the petitioners therein. Since the land of the petitioners is also acquired for the same purpose, similar relief needs to be extended to them also. Hence, the writ petition is disposed of directing that the respondents shall undertake veriﬁcation as to the existence of structures or trees over the land of the petitioners on par with the petitioners in Writ Petition No. 23907 of 2007. If supplementary notiﬁcation was already issued with regard to the other properties, separate exercise shall be undertaken as regards the land of the petitioners. L.NARASIMHA REDDY, J 06-11-2008 ks Note: Furnish CC in two days. B/O ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Special Collector (Land Acquisition), Galeru Nagari Sujala Sravanthi, Sankarapuram, Kadapa District. 2 The Special Deputy Collector (Land Acquisition), Telugu Ganga Project, Unit-I, Kadapa, Kadapa District. 3 Two CCs to the Government Pleader for Land Acquisition, High Court of Andhra Pradesh, Hyderabad (OUT). 4 Two CD copies.