HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 932 of 2014 Date :21.10.2014 Between :
G Pyari W/o Ghouse Saheb R/o Mangalamittu street, Rajampet post and mandal Kadapa dist … Petitioner and The Govt of A.P., Rep by its Principal Secretary Revenue (Land Acquisition) Department Secretariat, Hyderabad and others … Respondents The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 932 of 2014 High level bridge across Chakralamadugu river of Rajampet village was constructed in the year 2001. Bridge has 13 vents of 7.60 meters each with total length of 110.50 meters. Petitioner owns land to an extent of Ac.0.27 ½ cents in survey No. 962/1A1, Rajampet village and mandal, YSR Kadapa district, which is on the upstream side towards Chitvel. The last four vents of bridge were constructed towards Chitvel side on northern side of petitioner’s land.
A concrete wall was also raised on Chitvel side abutment towards eastern side perpendicular to the bridge which falls on the eastern side boundary of petitioner’s land. The said wall was constructed to stop erosion of soil especially during rainy seasons. Petitioner’s land is in front of last four vents. During the cyclone or the maximum flood level condition, water level raises to 2.40 meters high above the ground level and petitioner’s land would submerge. On account of the construction of wall in front of the petitioner’s land, petitioner is unable to utilize the land and it is neither useful for cultivation nor for construction of a building.
2. The Roads and Buildings Department authorities apprehend that if the petitioner constructs a building, it would obstruct the flow of water and block four vents and may effect functioning of the bridge. Ventilating this grievance, petitioner has been representing to various authorities. The matter has been considered at various levels and having examined the issue, the District Collector in his letter reference No.G2/2613/2011 dated 24.2.2013 submitted status report to the Chief Commissioner of Land Administration and has suggested for acquisition of Ac.30 cents of land in Survey No. 962 which is affected on account of construction of the bridge including the land of the petitioner. Earlier to this recommendation, Revenue Divisional Officer, Rajampet was directed to look into the grievance of the petitioner and he has inspected the lands in Survey No. 962/1 and has suggested for acquisition of the land and same was forwarded to the Chief Commissioner of Land Administration vide letter dated 21.1.2012.
3. Counter affidavit is filed on behalf of respondents 7 to 9. No counter affidavit is filed on behalf of other respondents.
4. In the counter affidavit filed on behalf of respondents 7 to 9, respondents admitted that the land of the petitioner has become useless as it cannot be cultivated nor petitioner can undertake any construction as civil construction would block the free flow of water.
5. It is evident from the averments made in the counter affidavit and correspondence between various authorities that the petitioner’s land has become useless for the purpose of cultivation or for civil construction because of construction of the bridge as well as raising of concrete wall by Roads and Buildings Department. Thus, petitioner is entitled to be compensated. The erection of a concrete wall was in public interest. It is not in public interest to permit the petitioner to undertake civil construction. Therefore, it mandates to acquire the same and pay appropriate compensation as advised by various authorities.
6. Having regard to the correspondence on the subject enclosed to counter affidavit filed on behalf of respondents 7 to 9, the Chief Commissioner of Land Administration is directed to take consequential steps as per the recommendations of Revenue Divisional officer dated 21.1.2012 and District Collector dated 24.2.2013 with reference to compensating the petitioner appropriately. A decision to this effect shall be taken within a period of six weeks from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. Sequel to the same, the miscellaneous petitions, if any, stand closed.
P NAVEEN RAO,J DATE:21.10.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 932 of 2014 Date :21.10.2014