THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.3936 of 2007 Between:
1. Sonda Sree Ramulu and others.
PETITIONES AND
1. The Land Acquisition Officer-cum-Special Deputy Collector, IPT & Railways, Khammam, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, seeks a direction to the respondents to pay compensation for the lands of the petitioners.
2. Heard Ms. Sumalini Reddy, learned counsel for the petitioners and the learned Government Pleader for Land Acquisition for respondents.
3. According to the petitioners they are small farmers belonging to the Scheduled Tribe Community and they own lands at Rangapuram, Atchuthapuram and Kannapuram Villages of Bhadrachalam Mandal, Khammam District. They used to raise cotton, chillies, paddy etc., in the said lands. It is stated that two years back the respondent-authorities constructed Aluguvagu Project to provide irrigation facilities to more than 25000 acres of agricultural lands. It is the grievance of the petitioners herein that because of the said construction, they have lost their lands due to submergence.
4. During the course of hearing, the learned counsel for the petitioners has placed on record a letter bearing No.TS/TO/JTO1/209- 10/M, dated 25.06.2009 addressed by the 2nd respondent herein to the 1st respondent and the said letter reads as under – “I am to state that the Land Acquisition in respect of the Project of C/o Aluguvagu Project near Kannpuram (V), H/o Gannavaram, Bhadrachalam (M), Khammam District., have been prepared and submitted vide this office reference cited above. However a copy of letter is herewith enclosed.
The details of the Land coming under submergence due to formation of project are as follows:
I therefore, request the Special Deputy Collector (LA), IPT & Railway, Khammam that the list of land owners whose lands are submerged under the above Project and the compensation to be paid to the eligible beneficiaries may kindly be communicated for taking further action after conducting detailed surveys by your surveyor.
5. A reading of the above said letter goes to show that the lands situated at Achuthapuram, Kannapuram, Rangapuram have undergone submergence due to the construction of Aluguvagu Project n e a r Kannapuram Village, Hamlet of Gannavarm, Bhadrachalam Mandal, Khammam District. In the said letter, the Executive Engineer, I & CAD, the 2nd respondent herein, also requested the Special Deputy Collector, Land Acquisition IPT & Railways, Khammam District, the 1st respondent herein, for necessary further action. Therefore, without going into the other aspects of the matter, this Court deems it appropriate to dispose of the present writ petition, directing the respondents to take consequential action pursuant to the letter dated 25.06.2009 of the Executive Engineer.
6 For the aforesaid reasons, this writ petition is disposed of, directing the respondent herein to take appropriate action for payment of compensation to the petitioners in pursuance of the letter dated 25.06.2009 addressed by the 2nd respondent to the 1st respondent, in accordance with law. Such exercise shall be completed within a period of four months from the date of receipt of a copy of this order. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
12th June, 2014 Js.