THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.4746 of 2009 Between:
V.S.V. Aayyannayudu PETITIONER AND
1. The District Collector, Krishna District at Chilakalapudi, Machilipatnam, Krishna District, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the Gram Panchayat, Ramavarappadu, Vijayawada Rural Mandal, Krishna District, 4th respondent herein, in laying/constructing road across the vacant site of the petitioner admeasuring Ac.0.7½ cents covered by R.S.No.125/1A of Ramavarappadu Village, Vijayawada Rural Mandal, Krishna District, without following due process of law as being arbitrary, illegal and violative of Articles 14, 19, 21 and 300-A of the Constitution of India.
2. Heard Sri Y. Subrahmanyam, learned counsel for the petitioner and Sri G. Elisha, learned Standing Counsel for the 4th respondent-Gram Panchayat, apart from perusing the material available on record.
3. According to the petitioner, he is the absolute owner and enjoyer of the land admeasuring Ac.0.28 cents covered by R.S.No.125/1-A situated at Ramavarappadu Village, Vijayawada Rural Mandal, Krishna District, having acquired the same by virtue of a Gift Deed bearing document No.7594/80, dated 31.12.1980. It is further stated in the writ affidavit that out of the total extent of Ac.0.28 cents, an extent of Ac.0.15 cents in the said survey number was sold in favour of two persons by way of a registered sale deed dated 13.11.1998 while retaining the balance of Ac.0.13 cents of land. It is the further case of the petitioner that since he is a lorry driver, he used to be away from the village for several weeks in view of the nature of his employment. It is further stated in the writ affidavit that once on his return to the village, he came to know that the Gram Panchayat, under the influence of his opponents and political rivals, laid a road across his land in an illegal manner and without following the due process of law. It is alleged by the petitioner that despite a number of visits to the 1st respondent office he did not get any response, which prompted him to issue a notice to the 4th respondent-Gram Panchayat on 22.08.2008. It is further alleged that despite receipt of the said notice, the 4th respondent authorities are maintaining calculated silence for the reasons best known to them.
4. Contending in the manner indicated supra and alleging violation of Articles 14, 19, 21 and 300-A of the Constitution of India, the present writ petition has been instituted.
5. This Court on 6.03.2009 issued Rule Nisi and in response to the same counter affidavits have been filed by respondents 2 and 4. In the counter affidavit filed by the 4th respondent-Gram Panchayat, it is stated that legal heirs of the original owner of the property submitted an application before the Gram Panchayat, requesting the Panchayat for taking over the road portion for the development of roads and at the time of laying road there was no resistance by the original owners.
6. As seen from the counter affidavit filed on behalf of the respondents the ownership of the petitioner is not seriously disputed. It is significant to note at this juncture that an application in W.P.M.P.No.24304 of 2014, has been filed by the petitioner, seeking permission of this Court to file proceedings ROC.No.50 of 2013 dated 27.11.2013 issued by the Panchayat Secretary, Ramavarappadu Gram Panchayat, wherein, on an application filed by the petitioner under the Right to Information Act, the 4th respondent furnished information stating that the road in the instant case was not laid by resorting to the provisions of the Land Acquisition Act, 1894. It is also stated in the said information that the owners of the property did not transfer any rights by way of gift deed in favour of the Gram Panchayat to lay the road. The said W.P.M.P. has been ordered today, vide separate sheet.
7. The material available on record clearly and categorically discloses that the 4th respondent-Gram Panchayat laid the road, obviously, without acquiring the property under the provisions of the Land Acquisition Act, 1894, which is impermissible as per the provisions of Section 59 of the A.P. Panchayat Raj Act, 1964, which reads as under.
“59. Acquisition of Immovable property required by Gram Panchayat.– Any immovable property which any Gram Panchayat may require for the purpose of this Act or any rules made thereunder may be acquired under the provisions of the Land Acquisition Act, 1894 and on payment of the compensation awarded under the said Act, in respect of such property and of any other charges incurred in acquiring it, the said property shall vest in the Gram Panchayat.
8. In view of the absence of any evidence to show that the subject property is transferred in favour of the Gram Panchayat by way of gift deed, the stand taken by the 4th respondent-Gram Panchayat cannot be sustained. The said action, on the part of the Gram Panchayat in laying the road without recourse to the provisions of Section 59 of the A.P. Panchayat Raj Act, in the considered opinion of this Court, is highly preposterous and presumptuous. There is absolutely no justification on the part of the 4th respondent-Gram Panchayat in not paying the compensation for the subject land.
9. For the aforesaid reasons, the writ petition is allowed, directing the respondents to take appropriate action for payment of compensation to the petitioner by pressing into service the relevant legislation, within a period of six months from the date of receipt of a copy of this order. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
17th July, 2014 Js.