HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35831 OF 2013 Date: 21.10.2014 Between :
M.V.Ramamohan Apparao, s/o. Narsimha Apparao, Aged 65 years, Occu: Agriculture, R/o. C/o. Movva Venkateswara Rao, Tatakuntla (V), Visannapeta (M), Krishna District.
… Petitioner and Government of Andhra Pradesh, rep.by its Principal Secretary, Irrigation & CAD (PW) Department, Secretariat, Hyderabad and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35831 OF 2013 ORDER:
Land acquisition proceedings were initiated to acquire the land of the petitioner to an extent of Ac.3.17 cents in Sy.Nos.450/4B and 450/4C situated at Nuzvid Village and Mandal, Krishna District and award was passed on 25.11.2009, possession was taken and Department is in possession and enjoyment of the said property. The grievance of the petitioner is that total extent of land of the petitioner in the above survey numbers is Ac.3.30 cents. After acquisition of Ac.3.17 cents, petitioner is left with Ac.0.13 cents. Long back compound wall was erected covering the entire extent of land.
Because of the existing compound wall, petitioner has no access to reach the small extent of land left over. Furthermore, the identification of left over land is also not clear. In the circumstances, petitioner has been requesting the respondents to acquire the remaining extent of land as it has become useless to the petitioner and petitioner is unable to utilize the said land.
2. In the counter-affidavit filed on behalf of the 2nd respondent, it is stated that necessary proposals on the request of the petitioner was submitted to the Government and if the Government agrees the request of the petitioner, appropriate decision would be communicated to him. Insofar as the extent of land and the demarcation is concerned, 2nd respondent submits that it is open to the petitioner to apply for conducting survey and for demarcation of left over land and after the survey is conducted and if demarcation is done, petitioner is free to enjoy his property.
3. Admittedly, award acquiring the land to an extent of Ac.3.17 cents has become final and there is no challenge made against acquisition. It appears from the record that during the course of the land acquisition proceedings also, petitioner did not raise an objection regarding the small extent of land left over and the existence of a compound wall surrounding the entire area. Since the award has become final, the relief sought by the petitioner would indirectly amount to reviewing the land acquisition proceedings, which is not permissible. Hence, the relief sought by the petitioner cannot be granted by the Court. As stated by the 2nd respondent in his counter- affidavit, it is open to the petitioner to apply for conducting of survey and demarcation of the balance land of the petitioner in the said survey numbers and as and when such demarcation is made, it is open for the petitioner to utilize the property as he desires.
4. Subject to the above observations, the writ petition is dismissed.
The dismissal of the writ petition does not preclude the Government to take action as stated in para-5 of the counter affidavit.
Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed. No costs.
JUSTICE P.NAVEEN RAO Date: 21.10.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.35831 OF 2013 Date: 21-10-2014 kkm