THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.26486 of 2008 Between:
1. S.V. Bhaskara Reddy and others.
PETITIONERS AND
1. The Government of A.P., rep. by its Chief Secretary, Secretariat Buildings, Hyderabad, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, challenges the letter L.Dis (G1) 1986/2006, dated 09.08.2008 of the Collector and District Magistrate, Kurnool, returning the proposals for acquisition of lands of the petitioners herein.
2. Heard Sri K. Rathanga Pani Reddy, learned counsel for the petitioners and learned Government Pleader for Land Acquisition.
3. According to the petitioners, they are pattedars, absolute possessors and owners of the lands situated in S.Nos.1291, 218, 1274C/1, 1274C/2, 1274/C, 1274/C2F respectively admeasuring Acs.5.50, 5.50, 3.50, 12.00, 17.65, 7.50, 7.50, 3.00, 6.00, 2.00 cents situated at Nannoor village, Orvakal Mandal, Kurnool District. The Government of A.P., sanctioned new Minor Irrigation Tank across Yenuguntla Vagu near Nannoor Village of Orvakal Mandal and in connection with the same, the Executive Engineer, Minor Irrigation Works Division, Kurnool, made a request for acquisition of the lands of the petitioners herein by addressing a letter to the 2nd respondent-District Collector on 24.07.2008 and pursuant to which the 2nd respondent-District Collector directed the 3rd respondent-Revenue Divisional Officer to submit land acquisition proposals after holding enquiry. In pursuance of the said directions of the 2nd respondent, the 3rd respondent conducted a detailed enquiry through the Tahsildar, Orvakal and submitted draft proposals to the District Collector vide Rc.A/1137/2006, dated 07.07.2008. After receipt of the said proposals, the District Collector, Kurnool, addressed a letter L.Dis (G1) 1986/2006, dated 09.08.2008 to the Revenue Divisional Officer, Kurnool, stating that the proposed lands are Government lands, as such, the question of requisition of lands would not arise. While saying so, the District Collector returned the said land acquisition proposals and requested the Revenue Divisional Officer to submit a report in detail and to send proposal for sanction of ex gratia only in terms of G.O.Ms.No.1307.
4. Challenging the said action as illegal, arbitrary and violative of Articles 14, 19, 21, 31-A and 300-A of the Constitution and consequently asking for payment of compensation in accordance with the provisions of the Act, the present writ petition has been filed.
5. Pending the writ petition a miscellaneous application in W.P.M.P.No.23469 of 2012 supported by affidavit is filed stating that basing on the letter addressed by the Collector, Kurnool, the Chief Commissioner, Land Administration, A.P. Hyderabad, issued proceedings CCLAs Ref.No.Spl.BB3/1053/2010, dated 03.11.2011 and the same reads as under – “The attention of the collector, Kurnool is invited to the reference cited, and he is informed that the report submitted by him in the references is examined in detail and the file was circulated to the Commissioner, Legal Affairs, O/o C.C.L.A., for offering his considerable view in the matter.
The Commissioner, Legal Affairs observed that long continued uninterrupted possession over statutory period gives right of ownership to the concerned persons to claim compensation. Merely because under RSR the land in said Sy.Nos. is shown as Government Dry land and pattedar column indicates ‘dots’ does not disentitle them from claiming land compensation for the reason that the entries in pattedar pass books and 10(1) account coupled with transactions referred in the letter of Dist. Collector and enquiry about long uninterrupted possession over statutory period over the land prevail over the above circumstances, namely, RSR entries and dots being mentioned in pattedar column, and there is no evidence as per letter of Dist. Collector that even for Sy.No.1274 C2B there is no evidence to show that it is assigned land. Therefore it is desirable to consider the request of the applicants for payment of compensation favourably.
In view of the opinion given by the commissioner, Legal Affairs, the Collector, Kurnool is hereby informed that to establish the ownership of the subject land matter in this file in the first instance, and then only after being satisfied about the ownership and that these lands are coming under submergence of the M.I. Tank built in 2003, that any view be taken about payment of compensation. He is also advised that the claims of the petitioner that these lands are getting submerged is also be certified by the concerned officials of the department to which this M.I. Tank belongs to before compensation is paid.”
6. Subsequently, the Collector and District Magistrate, Kurnool addressed a letter R.Dis(G1) 3717/2010, dated 17.11.2011 to the Revenue Divisional Officer and the same reads as under -
“I invite you attention to the reference cited. The Chief Commissioner of Land Administration, A.P., Hyderabad in the reference 6th cited (Copy enclosed) has clarified as follows.
“The reference is examined in detail and the file was circulated to the Commissioner, Legal Affairs, O/o CCLA for offering his considerable view in the matter.
The Commissioner, Legal Affairs observed that long continued uninterrupted possession over statutory period given right of ownership to the concerned persons to claim compensation. Merely because under RSR the land in said Sy.Nos. is shown as Government Dry land, and pattadar column indicates ‘dots’ does not disentitle them from claiming land compensation for the reason that the entries in Pattadar pass books and 10(1) account coupled with transactions referred in the letter of District Collector and enquiry about long uninterrupted possession over statutory period over the land prevail over the above circumstances, namely, RSR entries and dots being mentioned in pattadar column, and there is no evidence as per letter of District Collector that even for Sy.No.1274C2B there is no evidence to show that it is assigned land. Therefore, it is desirable to consider the request of the applicants for payment of compensation favourably.
In view of the opinion given by the Commissioner, Legal Affairs, the Collector, Kurnool is hereby informed that to establish the ownership of the subject land matter in this file in the first instance, and then only after being satisfied about the ownership and that these lands are coming under submergence of the M.I. Tank built in 2007, that any view be taken about payment of compensation. He is also advised that the claims of the petitioners that these lands are getting submerged is also be certified by the concerned officials of the department to which this M.I. Tank belongs to before compensation is paid.
In view of the above the RDO, Kurnool / Tahsildar, Orvakal are requested to take necessary action accordingly.”
7. In the above mentioned W.P.M.P.No.23469 of 2012 the petitioner herein also sought for a direction to the respondents to acquire the lands by initiating land acquisition proceedings in the light of the orders of the 2nd respondent dated 17.11.2011. It is stated by the learned counsel for the petitioner that despite the above said orders of the 2nd respondent dated 17.11.2011, no action has so far been taken by respondents 2 and 3.
8. For the aforesaid reasons and having regard to the orders of the 2nd respondent dated 17.11.2011 vide R.Dis (G1) 3717/2010, this writ petition is disposed of directing the respondents herein to take appropriate action for initiation of land acquisition proceedings and payment of compensation to the petitioners herein in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of three months from the date of receipt of a copy of this order. No order as to costs. As a sequel, W.P.M.Ps., if any shall stand closed.
JUSTICE A.V. SESHA SAI.
17th April, 2014 Js.