IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERBAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15739 of 2006 Between: Talari Obulesu …Petitioner AND Special Deputy Collector, Tungabhadra H.L.C. Division, Ananthapur District And others. …Respondents THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15739 of 2006 ORDER This writ petition is filed by the petitioner seeking Writ of Mandamus to direct the respondents to pay compensation to the petitioner, relating to his land to an extent of Acs.2.00 cents in Survey No. 577-1, Amidala Village, Uravakonda Mandal, Ananthapur District. The case of the petitioner is that sister of the petitioner is the owner of the property to an extent of Acs.7.83 cents in Survey No.577/1, Amidala Village, Uravakonda Mandal, Ananthapur District having purchased the same, vide registered sale deed No.505/1962 dated 11.06.1962. By virtue of a Will executed by her in favour of the petitioner, the petitioner has become owner of the property. While so, the respondents have initiated proceedings to acquire his land to an extent of Acs2.00 cents under the Land Acquisition Act, 1894 (‘The Act’, for brevity), and consequently the first respondent took possession of the said land in the year 1972 without paying compensation and even as on today, no compensation is paid in spite of repeated representations for the last 34 years and ultimately the petitioner got issued legal notice dated 01.03.2006, to the respondents through his counsel. On receipt of the same, the third respondent directed the first respondent to take appropriate steps for payment of compensation to the petitioner vide proceedings No.G.2/1440/2006, dated 03.03.2006. The second respondent also gave reply to the legal notice vide letter No. PABR(LA)/DV/JTO- 3/429, dated 28.03.2006, stating that concerned file was not available in the office. Thereafter, respondents did not take any steps for payment of compensation to the petitioner in respect of his land along with 240 Regadi fruit bearing trees. He further submits that he is a senior citizen aged about 75 years. Hence, he filed instant writ petition. The counter affidavit filed by the first respondent shows that the Executive Engineer, H.L.C. Division, Ananthapur placed request for acquisition of the land belonging to the petitioner in Survey No.577-1, as it is required for excavation of PABR Canal, through letter dated 12.06.2008. It is also stated that the Special Deputy Collector (Land Acquisition), H.L.C., Ananthapur also addressed a letter to the Executive Engineer, H.L.C. Division, Ananthapur dated 15.07.2008 about the discrepancy regarding the acquisition of land in Survey No.577-1 of Amidala Village, Uravakonda Mandal, Ananthapur District and requested to send the Combined Sketch showing alignment and excavation portion of Canal along with FMB Sketch and changed portion under acquisition, for which reply is awaited and, therefore, the delay is caused in initiating the land acquisition proceedings. It is also stated that the Special Deputy Collector (Land Acquisition), HCL, Ananthapur has directed the Deputy Tahsildar to submit land acquisition proposals at an early date by personally contacting the Executive Engineer, H.L.C. Division, Ananthapur District for obtaining the particulars so as to avoid the delay. Admittedly, an extent of Acs.2.00 cents, which was acquired by the respondents, belongs to the petitioner. The case of the petitioner is that his land was taken over by the respondents, as early as in the year 1972, without paying any compensation to him. The respondents does not dispute such taking over of the possession of the petitioner’s land but they attribute the delay due to administrative reasons and as such, land acquisition proceedings could not be initiated, but, it appears that the acquisition proceedings are in process. Therefore, the writ petition is disposed of with the following direction. The respondents are directed to complete the Land Acquisition proceedings initiated by them to acquire the petitioner’s land of an extent of Acs.2.00 cents in Amidala Village, Uravakonda Mandal, Ananthapur District, within a period of six (06) months from the date of receipt of copy of this order, including payment of compensation to the petitioner. There shall be no order as to costs. ___________________ JUSTICE G.CHANDRAIAH December 22, 2009 BVV