HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22738 of 2013 Dated : 20.01.2014 Between:
M.Venkateshwara Rao s/o. Gopala Rao, Aged about 40 years, Occu:Agriculture, r/o.Peddamet, Rayadandi Village, Ramagundam Mandal, Karimnagar District.
.. Petitioner And Government of Andhra Pradesh, rep. by its Principal Secretary, Irrigation & CAD (Project Wing) Department, Secretariat Buildings, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22738 of 2013 ORDER :
The case of the petitioner is that he is the owner and possessor of the land to an extent of Ac.2.00 gts. in Sy.No.337 of Rayadandi Village, Ramagundam Mandal, Karimnagar District. The said land was acquired for the purpose of laying pipeline by the National Thermal Power Station (NTPC). Though this land was acquired as early as in the year 2006, so far no ex-gratia is paid. Proposals for sanction of ex-gratia was made to the respondent No.2 vide letter No.D/121/2006, dated 20.03.2007 as early as in the year 2007, but so far no decision is taken by the Government. In the said letter dated 20.03.2007, sent by the Special Deputy Collector, the name of the petitioner is shown against Sl.No.8. The report discloses that the petitioner is in possession and enjoyment of the said land. The report also deals with another person, by name, Kariveda Ramesh Reddy, who was in occupation of land to an extent of Ac.0.31 gts. in Sy.No.371. The lands of the petitioner as well as Sri Kariveda Ramesh Reddy were described as ‘Kurujkammi’. Insofar as the petitioner’s land is concerned, no orders are passed, whereas insofar as Kariveda Ramesh Reddy is concerned, orders are passed by the Government in Memo No.3551/ LA.III/A1/2007-3, dated 02.12.2008, sanctioning ex-gratia amount of Rs.1,16,250/-.
2. Petitioner avers that several representations were made, last one being dated 05.11.2011, claiming to pay ex-gratia. In the representations as well as in this writ petition, petitioner alleged that there is discrimination in granting ex-gratia. Petitioner contended that he was not sanctioned ex-gratia, whereas his neighbour was granted ex-gratia in the year 2008, without any justification.
3. Counter-affidavit is filed on behalf of the respondent No.3. The stand taken by the respondent no.3 is, the land against Sy.No.337 was acquired by the then Nizam Government for establishment of Thermal Power Station and, therefore, the land does not belong to the petitioner. It is not denied that petitioner was in occupation and enjoyment of the land when the land was acquired in the year 2006. The specific allegation of the petitioner that his neighbour similarly situated is already paid compensation in the year 2008 is not denied in the counter- affidavit. In fact, it is further stated that the Government passed orders in G.O.Ms.No.846 Revenue (LA) Department, dated 22.11.2000 granting ex-gratia to the farmers in Ac.187.00 gts. which was described as Khurujkammi for BPL Thermal Power Project in Rayadandi village.
4. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the Special Collector (Land Acquisition), SRSP, SSP, HMDA Complex-Tarnaka, Hyderabad (2nd respondent) to consider and pass appropriate orders on the representation submitted by the petitioner on 05.11.2011, taking into consideration the Government orders granting ex-gratia in Memo No.3551/LA.III/ A1/2007-3, dated 02.12.2008 and the assertion of the Government in the counter- affidavit that such ex-gratia amount was paid to the similarly situated persons on early occasion when the land was acquired for the purpose of BPL Thermal Power Project in Raidandi village, Ramagundam Mandal, within a period of four (04) weeks from the date of receipt of copy of this order.
Miscellaneous petition, if any, pending in this writ petition, shall stand closed. No costs.
JUSTICE P.NAVEEN RAO Date: 20.01.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22738 of 2013
kkm
Dated : 20.01.2014