IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 27971 of 2007 Between: Mr. V. Narasimha Rao S/o Late Muralidhar Rao R/o Ponkal Village, Duggondi Mandal, Warangal District. ..... PETITIONER AND 1 The Government of Andhra Pradesh through the Principal Secretary, Irrigation & CAD, Secretariat, Hyderabad. 2 The Special Collector, R&R LA & Sree Ram Sgar project (SRSP), HUDA, Complex, Tarnaka, Hyderabad. 3 the District collector, Warangal District, Warangal. .....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/direction in the nature of mandamus Mandamus or any other appropriate writ order or direction under the Article 226 of the Constitution of India directing the Respondents to plug the Leakage to the SRSP Canal, from it water is released into ooracheruvu of Ponakal Village, which is resulting in inundation of the petitioner's lands, and to direct Respondents to acquire the subject lands of the petitioner in accordance with the provisions of Land Acquisition Act and to pay the compensation and other benefits under the said Act within a stipulated time and to direct the Respondents to pay a sum of Rs. 10 Lakhs by way of compensation for the losses that the petitioner has been suffering and for the deprivation of his livelihood, which has been continuing for the last several years and for deprivation of possession of his lands. Counsel for the Petitioner:MRV.AKSHAYA BABU Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 27971 of 2007 O R D E R: This writ petition was initially filed seeking Mandamus directing the respondents to plug the leakage to the SRSP canal, from which water is released into Ooracheruru of Ponakal village resulting in inundation of the petitioner’s lands, and to direct the respondents to acquire the subject lands of the petitioner in accordance with the provisions of the Land Acquisition Act and to pay compensation and other benefits under the said Act, for the deprivation of land and livelihood. However, after filing of the counter, the prayer has been amended, seeking to “further direct the respondent-Authority to exercise its power and duty in terms of Section 9 read with Section 46 of the A.P. (T.A) Irrigation Act, 1357F and to prevent unauthorized diversion of water from SRSP canal at Ponkal village”. According to the petitioner, he is a Sikamdari and cultivating Sikam land situated in S.Nos. 356, 360, 361 and 362 (A) of Ponkal village, Duggondi Mandal, Warangal District. The lands are sikam poramboku and he has been cultivating those lands for the last more than 25 years. The villagers of Ooracheruvu, Ponkal village made a hole to the under tunnel to draw water unauthorisedly from SRSP Canal and thus the water is being stored in Ooracheruvu to the extent of more than what is required and thus the lands cultivated by the petitioner are submerged under the waters due to excess water drawn by illegal means by the villagers by making hole to the SRSP Canal, resulting in deprival of their livelihood. Therefore, he sought for payment of ex gratia/compensation for submergence of his lands. However, in the amended prayer, he sought for directing the authorities to exercise their power in terms of Section 9 read with Section 46 of A.P (T.A) Irrigation Act, 1357F and to prevent unauthorized diversion of water from SRSP Canal at Ponkal village. It appears, the petitioner had earlier filed W.P. 19026 of 2005 seeking a direction to the respondents to take steps for acquisition of those lands and for payment of compensation. The said writ petition was disposed of on 18.4.2006 directing the District Collector to consider the representations, if any, submitted by the petitioner in the light of the letter addressed by the M.R.O. for payment of compensation and to pass appropriate order for payment of compensation, after due enquiry. Therefore, the petitioner made a representation in July, 2006 seeking for payment of an amount of Rs.5.00 lakhs as compensation for the lands submerged and for the loss of livelihood. Thereafter, the District Collector, Warangal constituted a Joint Inspection Committee consisting of M.R.O. Duggondi Mandal, Agricultural Officer and Assistant Engineer, SRSP, Chinthagattu. On 16.9.2006, after the joint inspection, they have submitted a report. The purport of the report was as follows: “that previously the petitioner cultivated his lands partially in Khariff Season and fully in Rabi Season. From the year 2000, the crops in the petitioner’s lands are being damaged and the lands are now fully submerged with water. The petitioner has no other lands except the said lands and he has suffered financially and mentally. The act of the Government releasing SRSP water has proved to be a boon to the surrounding villages but has become a curse to the petitioner. These facts were conveyed to the District Collector in a petition submitted on 19.2.2003. The Sarpanch of their village has also confirmed the loss suffered by the petitioner. The M.R.O. has written a letter dated 5.8.2004 to the District Collector confirming the loss suffered by the petitioner. The then MLA has also confirmed the above facts and has recommended M.R.O. Duggondi to purchase the lands of the petitioner under “Land Purchase Scheme”. The petitioner had not received any compensation or help from the Government”. This report submitted by the Joint Inspection Committee was reviewed by the District Collector, Warangal on 30.4.2006 and he noticed that the ryots of Ooracheruvu damaged the construction under tunnel slab since December, 2003 and drawing water unauthorisedly. The SRSP authorities have never filled the tank as there is no such system of releasing SRSP water into the tank. Therefore, the Collector refused to grant any compensation as the villagers have unauthorisedly filled the tank by making a hole to under tunnel, due to which the tank was over filled. This act of illegal tapping of water is an offence under the A.P. (T.A) Irrigation Act, 1357F and the farmers who have made hole to the under tunnel and tapped the water unlawfully shall be liable for punishment and penalty u/Sec. 31 to 33 of the A.P. (T.A) Irrigation Act, 1357 F. On the ground that there is no fault from the Government side and there is no provision under which compensation for the crops damaged by illegal acts of other farmers can be paid, the claim for payment of compensation was rejected. Hence, this writ petition. Learned counsel for the petitioner strenuously contended that may be the petitioner is not entitled for compensation since there is no acquisition of the lands, but nothing prevented the authorities from taking action u/Sec. 9 read with Section 46 of the A.P. (T.A) Irrigation Act, 1357F and to prevent unauthorized diversion of water of SRSP Canal to Ooracheruvu of Ponkal village, which is causing loss to the petitioner, continuously. These facts are not denied by the respondents in the counter filed by them. The above facts would reveal that the petitioner has been in continuous possession and enjoyment of the Sikam land in S.Nos. 356, 360, 361 and 362(A) in Ponkal village and his livelihood has been taken away not because of any natural inflow but due to the illegal act of the villagers, which resulted in inundation of the lands held by the petitioner. Admittedly, the villagers of Ooracheruvu have illegally made a hole to the under tunnel of SRSP Canal and drawn water, whereby the lands enjoyed by the petitioner for such a long time were submerged. The Joint Inspection Report, which was reviewed by the District Collector, Warangal speaks to the same effect. May be, the petitioner is not entitled for any compensation for the illegal activities committed by the villagers of Ooracheruvu, which resulted in inundation of the lands of the petitioner, but, that does not mean that the authorities are not supposed to act according to law. Having admitted that the illegal activity of the villagers of Ooracheruvu had resulted in inundation of the lands of the petitioner, the respondents have not taken any action in this regard. The respondents – Authorities are bound by the provisions of law and to protect the tunnel of SRSP Canal, to which a hole was made by the villagers illegally and water is being drawn into Ooracheruvu. Under those circumstances, the respondents are directed to take appropriate action as per the provisions of Section 9 read with Section 46 of A.P. (T.A) Irrigation Act, 1357 F in preventing illegal drawl of water from SRSP Canal, which resulted in inundation of the lands of the petitioner in S.Nos. 356, 360, 361 and 362(A) of Ponkal village, Duggondi Mandal, Warangal District, and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. The writ petition is accordingly disposed of with above directions. No order as to costs. C.V. RAMULU, J. Date: -02-2009. MVB.