THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.13737 of 2009 Between:
Karri Prabhakara Rao PETITIONER AND
1. The Special Deputy Collector, Indira Sagar Project (Polavaram Project), Bhadrachalam, Khammam District, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, assails the action of the respondents 1 and 2 in preparing cheques in the names of the unofficial respondents 3 to 7 for payment of compensation for the lands in Sy.Nos.30/2, 7-1/A, and 41/13 admeasuring Ac.2.13 cents, of Racha Gompalli Village, Sy.Nos.39/1/A, 39/2/AA, 3/2/A, 3/2/AA, admeasuring Ac.11.33 cents of Gannavaram village and in Sy.Nos.103/2, 103/4/A, 103/4/AA admeasuring Ac.5.20 cents of Tripurapentaveedu village of Bhadrachalam Mandal, Khammam District totally admeasuring Ac.18.66 cents, which are sought to be acquired for Indira Sagar Project.
2. Heard Sri M. Sudheer Kumar, learned counsel for the petitioner, learned Government Pleader for Land Acquisition for respondents 1 and 2 and Sri Ravulapati Srinivasa Rao, learned counsel for respondents 5 to 7.
3. The sum and substance of the case of the petitioner is that despite specific objection raised by the petitioner and the pendency of partition suit in O.S.No.15 of 2009 on the file of the Court of the Special Assistant Agent to Government, at Bhadrachalam, the official respondents herein are contemplating to pay the compensation to respondents 3 to 7 in respect of the subject lands proposed for acquisition for Indira Sagar Project (Polavaram Project).
4. A counter affidavit is filed by the 1st respondent-Special Deputy Collector, Land Acquisition, stating that with regard to the lands situated in Sy.Nos.30/2, 7-1/A, 35/5, 35/8, 41/13 to an extent of Acs.2.66 cents, of Racha Gompalli village, award enquiry was completed on 30.12.2008 and preliminary valuation has to be conducted by the Special Collector (LA) and the same is not yet conducted to fix the rate under Section 11(2) of the Land Acquisition Act, 1894, as such the payment of compensation to the unofficial respondents does not arise. The counter of the 1st respondent further states that in respect of the lands situated at Tripurapentaveedu village an award was passed on 18.06.2009 and the matter is already referred to the Civil Court, Bhadrachalam, under Section 30 of the Land Acquisition Act on 15.08.2009. It is also stated in the counter affidavit that in respect of the lands in Gannavaram village, no requisition has been received from the Irrigation Department. Therefore, now the present issue, as per the above position, is limited to the lands situated at Rachagompalli village.
5. During the course of arguments, it is submitted by the learned counsel for the petitioner and learned counsel for the unofficial respondents 5 to 7 that their clients have no objection for reference of the dispute pertaining to the lands in Rachagompalli Village also under Section 30 of the Act to decide the entitlement of the parties to the said amount.
6. For the aforesaid reasons and having regard to the submissions made by the learned counsel for the petitioner, learned Government pleader for Land Acquisition, and the learned counsel for the unofficial respondents 5 to 7, this writ petition is disposed of, directing the respondent-authorities to finalise the land acquisition proceedings in respect of the lands situated at Rachagompalli village also within a period of three months from the date of receipt of a copy of this order. The respondent-authorities are also directed to refer the matter for adjudication under Section 30 of the Act to the Court having jurisdiction within a period of two months thereafter. No order as to costs. As a sequel, miscellaneous petitions, if any shall stand closed.
JUSTICE A.V. SESHA SAI.
13th June, 2014 Js.