Date :11-07-2014 Between:
Mandala Raji Reddy S/o Sri Hanumanth Reddy, Aged 65 years, Occ: Agriculture, R/o. H.No.8-4-30, Bhagat Nagar, Karimnagar Town, Karimnagar District.
… Petitioner and The Secretary, Panchayat Raj Department, Secretariat, Hyderabad and three others.
… Respondents O R D E R:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the respondents in excavating the top soil and gravel from the petitioner’s land admeasuring Ac.2.17 guntas situated in S.No.892 of Appannapeta Village, Peddapalli Mandal, Karimnagar District without acquiring it as provided under law as being arbitrary, illegal,
mala fide and contrary to the mandatory provisions and rights guaranteed under the Constitution of India.
2. Heard Sri L.Venkateshwar Rao, learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3 and Sri Venkateswerllu Kesamsetty, learned counsel for the fourth respondent apart from perusing the material available on record.
3. According to the petitioner, he inherited an extent of Ac.2-17 guntas of dry agricultural land situated in Sy.No.892 abutting the village tank in Appannapeta Village, Peddapalli Mandal of Karimnagar District and the Panchayat Raj Department has undertaken construction of summer storage tank in the outer reaches of Appannapet village by converting the existing irrigation tank for the purpose of providing assured supply of drinking water to Appannapet village and also to the surrounding villages. It is the further case of the petitioner herein that the Panchayat Raj Department awarded execution of work to the fourth respondent, who commenced the work in the month of June, 2007. In the present writ petition, it is the grievance of the petitioner herein that in view of removal of the entire top soil and the gravel to the depth of 10 to 12 feet in his land, the land has become uncultivable. It is further stated in the writ affidavit that the petitioner herein submitted a representation dated 18.09.2007, requesting the Revenue Divisional Officer, Peddapalli for payment of compensation. In the above background, the present writ petition has been filed.
4. Responding to the Rule Nisi issued by this Court a counter affidavit is filed by the Superintending Engineer/the third respondent herein saying that the affected area is only Ac.0-07 guntas but not the entire extent of Ac.2-17 guntas as alleged by the petitioner.
5. A reply affidavit is filed by the writ petitioner, stating that due to the arbitrary and illegal removal of top soil and excavation of morrum from the land, the land has undergone total submergence and no agricultural operations can be carried out in the entire area. A letter No.AEE/Court Cases/2011 dated 23.09.2011 placed on record by the learned Government Pleader received from the office of the Superintending Engineer, RWS & S, Karimnagar shows that as per the directions of this Court the Executive Engineer, RWS & S Division Manthani has personally inspected the land of Peddacheruvu of Appannapet Village along with the Deputy Executive Engineer and Assistant Engineer, RWS & S duly intimating the programme to the petitioner. The said letter further states that according to the report submitted by the Executive Engineer, RWSs & S Division since the tank reached up to full tank level, it would not possible to estimate how much land of the petitioner has undergone submergence in the tank. The said letter also shows that the petitioner requested the Revenue Divisional Officer, Peddapally by way of a letter dated 23.09.2011 to re-survey the land. The said letter dated 23.09.2011 obviously shows that in view of inundation of the land the survey could not be undertaken.
6. The petitioner herein filed the present writ petition as long back as in the year 2007 as such the petitioner cannot be made to wait for eternity without compensating him.
7. In view of the facts and circumstances of the case and keeping in view the nature of controversy involved in the present writ petition, this Court deems it appropriate to direct the respondents herein to arrange for survey of the subject lands and to take action in accordance with the outcome of the said survey.
8. For the aforesaid reasons, writ petition is disposed of, directing the respondents 1 to 3 herein to arrange for survey of the subject land and to pay compensation to the petitioner under relevant legislation. This exercise including the payment of compensation shall be completed by the respondents within six months from the date of receipt of a copy of this order. As a sequel, miscellaneous petitions if any, also stand disposed of.
No costs.
A.V.SESHA SAI, J Date:11.07.2014 grk HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26526 of 2007 Date : 11-07-2014 grk