IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF JUNE, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WP .NO: 12013 of 2014 Between:
Sokra Begum, W/o. late Syed Hassan Ali, aged major, Housewife, Resident of Banaganapalli village and Mandal, Kurnool District.
. Petitioner AND
1 The Principal Secretary to Government, Panchayat Raj Department, Government of Andhra Pradesh, Hyderabad.
2 The District Collector, Kurnool, Kurnool District.
3 The Revenue Divisional Officer, Kurnool, Kurnool District.
4 The Chief Engineer, Panchayat Raj Department, Hyderabad.
5 The Executive Engineer, Panchayat Raj Division, Nandyal, Kurnool District.
6 The Mandal Revenue Officer, Banaganapalli, Kurnool District.
7 The Mandal Parishad Development Officer, Banaganapalli, Kurnool District.
8 The Chief Secretary, Government of Andhra Pradesh, Secretariat, Hyderabad.
(R8 is suo motu impleaded as per Court order dated 05-06-2014) . Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, declaring the action of the respondents 4 and 5 in not paying the compensation amount of Rs.4,92,700/-, which was awarded by the Government as per G.O. Rt. No.1658, Panchayat Raj & Rural Development (Progs.IA) department, dated 06-09-2012, for the land an extent of Ac.0-51 cents situated in Survey No.148/1B of Bhanumukkala village, Banaganapalli Gram Panchayat and Mandal, Kurnool District, belonging to the husband of the petitioner and which was acquired by the Government for formation of metal road for the bus route from Banaganapalli to Tammadapalli village, Kurnool District, as arbitrary and illegal and consequentially direct the respondents to immediately pay to the petitioner the said compensation amount of Rs.4,92,700/- along with all statutory benefits and also subsequent interest and damages to the tune of Rs.1,00,000/- for acquiring the above said land.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and the order of the High Court dated 3-6-2014 made herein and upon hearing the arguments of Sri Md. Sharfuddin, Advocate for the Petitioner, the learned Government Pleader for Panchayat Raj for Respondent Nos.1, 4 & 5 and the learned Government Pleader for Revenue for Respondent Nos.2, 3 & 6 and Smt. Ch. Vedavani, learned Standing Counsel for Respondent No.7, the Court made the following
ORDER:
One department of the State Government blames the other for violation of the petitioner’s Constitutional right under Article 300-A of the Constitution of India. The petitioner was illegally and highhandedly dispossessed of her lands by the Panchayat Raj Department more than a decade ago in the year 2003 without even initiating proceedings under the Land Acquisition Act, 1894 ( for brevity, ‘the Act’). Not only was the petitioner illegally dispossessed of her lands, a road was also laid thereupon by the Panchayat Raj Department. The petitioner’s woes went unheard for more than a decade. A notification, under Section 4 (1) of the Act, was issued on 02.07.2013; and a declaration, under Section 6 of the Act, was made on 04.07.2013.
The District Collector, Kurnool, who is present in Court today, merely states that an award would be passed shortly. Learned Government Pleader for Revenue submits that an LOC has been released for Rs.4,92,700/-. Neither the learned Government Pleader for Panchayat Raj nor the learned Government Pleader for Revenue are in a position to explain how the State Government could have deprived a citizen of her Constitutional right under Article 300-A of the Constitution of India without even determining the quantum of compensation payable to her. They are also unable to show the basis on which the compensation of Rs.4,92,700/- was arrived at.
Learned Government Pleader for Panchayat Raj seeks to defend the indefensible and submits, on instructions from the District Collector, Kurnool, that the petitioner’s remedy is not by invoking the jurisdiction of this Court under Article 226 of the Constitution of India, but to await an award being passed; and, thereafter, seek a reference under Section 18 of the Act. Such a submission needs only to be noted to be rejected. Not only have the respondents acted callously, and in utter disdain to the petitioner’s plight, they have also glossed over their illegal and highhanded acts, and now seek to prevent an examination, of their illegal acts, by this Court by raising the plea of an alternate remedy. While the remedy under Section 18 of the Act is for enhancement of compensation passed under an award, the petitioner has no other remedy but to approach this Court if she is deprived of her property without authority of law, and her Constitutional right under Article 300-A of the Constitution of India is violated.
The Chief Secretary, Government of Andhra Pradesh is, suo motu, impleaded as the eighth respondent in the Writ Petition. He shall, by the next date of hearing, submit a report to this Court regarding the action which the State Government would take in this regard, including initiation of disciplinary proceedings against those officials who have not only illegally dispossessed the petitioner from her lands but have also denied her compensation for the past more than a decade.
Post on 13.06.2014 in the motion list. In case no report is filed by then, the eighth respondent shall be personally present in Court on 13.06.2014 at 10.30 a.m.
Learned Government Pleader for Panchayat Raj and the learned Government Pleader for Revenue are present in Court; and undertake to inform the eighth respondent of his obligations under this order.
//TRUE COPY// ASSISTANT REGISTRAR For ASSISTANT REGISTRAR To
1 The Principal Secretary to Government, Panchayat Raj Department, Government of Andhra Pradesh, Hyderabad.
2 The District Collector, Kurnool, Kurnool District.
3 The Revenue Divisional Officer, Kurnool, Kurnool District.
4 The Chief Engineer, Panchayat Raj Department, Hyderabad.
5 The Executive Engineer, Panchayat Raj Division, Nandyal, Kurnool District.
6 The Mandal Revenue Officer, Banaganapalli, Kurnool District.
7 The Mandal Parishad Development Officer, Banaganapalli, Kurnool District.
8 The Chief Secretary, Government of Andhra Pradesh, Secretariat, Hyderabad.
(By Spl. Messenger)
9 One CC to Sri Md. Sharfuddin, Advocate (OPUC)
10 Two CCs to the G.P. for Panchayat Raj, High Court, Hyderabad. (By Spl. Messenger)
11 Two CCs to the G.P. for Revenue, High Court, Hyderabad. (By Spl. Messenger)
12 One spare copy. nnr HIGH COURT RR,J DATED: 5-6-2014 NOTE: In case no report is filed, For appearance on 13-6-2014 At 10.30 AM ORDER W.P.NO. 12013 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 7-6-2014 RR,J DATED: 5-6-2014 NOTE: In case no report is filed, For appearance on 13-6-2014 At 10.30 AM ORDER W.P.NO. 12013 OF 2014 DIRECTION