IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH 
AT HYDERABAD

(Special Original Jurisdiction)


THURSDAY, THE TWENTY FIRST DAY OF AUGUST
TWO THOUSAND AND EIGHT

 

PRESENT

THE HON'BLE MR JUSTICE V.ESWARAIAH

WRIT PETITION NO : 21768 of 2002

 

Between:

1          Patara Venkata Ramana, S/o.Kannaiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
2          Patara Gangaraju, S/o.Venkanna,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
3          Annika Pedamallaiah, S/o.Butchaiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
4          Kacham Chellayamma, W/o.Veeraiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
5          Annika Pooramma, W/o.Chinna Mallaiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
6          Annika Bhadram, S/o.Suraiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
7          Annika Appa Rao, S/o.Suraiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
8          Annika Chandramma, W/o.Butchaiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
9          Dankala Appayamma, W/o.Butchaiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
10        Avarasarala Narsamamba, W/o.Chinnam Raju,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
11        Annika Nukaraju, S/o.Mallaiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
12        Patara Tatayabbai, S/o.Venkanna,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District. 
13        Patara Venkatalakshmi, W/o.Valasaiah,
        R/o.Chinnempalem, Gangavaram Mandal,
        East Godavari District.

..... PETITIONER(S)

AND

 

1    The District Collector, 
       East Godavari District, Kakinada.
2    The Revenue Divisional Officer, 
       Rampachodavaram, E.G.District.
3    Project Officer, ITDA, 
       Rampachodavaram, E.G.District.
4    The Mandal Revenue Officer, 
       Gangavaram, East Godavari District.
5    State of Andhra Pradesh, Rep. by its Principal Secretary,
       Social Welfare Department, Hyderabad.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate writ or order or direction declaring the action of the respondents in resorting to taking possession of lands in Chinnempalem Village, Gangavaram Mandal agency area in East Godavari District belonging to the ptitioners to the extent of Ac.40 spread over in Sy.No.143, 209, 984/1, 224, and others is without fulfilling the guidlines issued by the Government of India on 11.11.1998 and section 242 (f) of A.P.Panchayat Raj Act, G.O.64, dt:18.4.1990 and is unconstitutional and consequently direct the respondents to follow the proceedure under the G.O.64 and act 40 of 1996 guide lines of Union of India forth with and pass.

Counsel for the Petitioner:MR.K.S.MURTHY

Counsel for the Respondent No.: GP FOR LAND ACQUISITION

The Court made the following :

Form-NIC-OGS/WP{MADHURI}

 

THE HON’BLE SRI JUSTICE V.ESWARAIAH

WRIT PETITION NO.21768 OF 2002

 

ORDER:

          The petitioners are the residents of Chinnampalem village of Gangavaram Mandal, West Godavari District.  They claim that each of them have got some extent of land, all put together about Ac.40-00 spread over in Sy.No.143, 209, 184/1, 224 of Chinnampalem village and the said lands are sought to be taken without following due process of law and without implementing the Rehabilitation Scheme as per the orders of the Government in G.O.Ms.No.64, Social Welfare (T) Department, dated 18-4-1990.

          The petitioners submit that the lands of Chinnampalem village are in Agency Area and falls within Nellipudi Mukhasa. On abolition of Mukhasa, the lands are vested with the Government and though the petitioners are in possession of the said lands, they were treated as trespassers under the Andhra Pradesh Regulation 2 of 1969 and therefore, compensation was not paid on the ground that the lands vests with the Government.

          A counter has been filed stating that there was some dispute with the Mukhasdar and the issue was only settled when W.P.No.15535 of 1991 was filed and the same was disposed of on 23-7-1999, against which, Writ Appeal No.1223 of 1999 was filed and the same was dismissed on 26-8-1999, against which, the Special Leave Petition (Civil) No.1709 of 1999 was also filed and the same was dismissed as withdrawn on 6-12-1999.  It is stated that pursuant to the orders of this Court in W.P.No.15535 of 1991, the Collector, East Godavari District and the Revenue Divisional Officer, Rampachodavaram issued instructions to take possession of the record.  Accordingly, the Mandal Revenue Officer, Gangavaram has taken all the available records and conducted the preliminary enquiry and also conducted survey.  The Collector has submitted the Draft Notification under Section 13 of the Andhra Pradesh Regulation 2 of 1969 to the Special Commissioner and Director of Settlements vide Ref/F5/2757/99 dated 17-1-2002 so as to undertake settlement operations in the village.  It is stated that the Revenue Divisional Officer, Rampachodavaram shall act as Settlement Officer.  Only after completion of the settlement operations, the title of the land will be established.  Thus, it is stated that until the rights of the petitioners have been settled, they will be treated as trespassers alone as the lands are vested with the Government and therefore, compensation could not be paid to the petitioners.

          So far as the rehabilitation as per the orders of the Government is concerned, it is stated that pursuant to the orders of this Court in W.P.No.8476 of 2001 directing the respondents to implement the rehabilitation and re-settlement package under the personal supervision of Integrated Tribal Development Agency, the scheme was implemented by constructing 223 houses to the displaced, making payment of eligible allowances as per the package to the displaced families and also constructed civic amenities like school building, Hospital, Veterinary Dispensary, Community Hall and drinking water.  It is stated that some other Writ Petition No.9168 of 2002 has been filed by one Sri Raja Madhuveti Yerram Raju not to dispossess the petitioners by resorting to construction of canal through the lands and the same is pending.

          Heard the rival contentions of both the parties.

          The Government themselves admit and agrees that the lands of the petitioners are in Nellipudi Mukhasa and the Government have to issue pattas by settling the Mukhasa.  If that be so, there cannot be any justification on the part of the Government in not completing the proceedings for settling the rights of the petitioners for issuance of pattas under abolition of Mukhasas pursuant to the Andhra Pradesh Regulation 2 of 1969.

          Having regard to the facts and circumstances of the case, I am of the opinion that once the rights of the petitioners are settled depending upon the settlement, the settlers are entitled for the compensation under the Land Acquisition Act and all other benefits including the rehabilitation.

          Accordingly, the writ petition is disposed of directing the respondents to expedite and complete the settlement operations determining the title of the land to the eligible persons who are entitled to get the pattas by settling the Mukhasas and after completion of the settlement, the title holders of the land shall be paid compensation under the Land Acquisition Act and other benefits without any further delay.  No order as to costs.

________________

V.ESWARAIAH,J

Date:21-08-2008.

 Shr.

..... REGISTRAR

 

 

// TRUE COPY //

 

 

SECTION OFFICER

To

1    The District Collector, 
       East Godavari District, Kakinada.
2    The Revenue Divisional Officer, 
       Rampachodavaram, E.G.District.
3    Project Officer, ITDA, 
       Rampachodavaram, E.G.District.
4    The Mandal Revenue Officer, 
       Gangavaram, East Godavari District.
5    State of Andhra Pradesh, Rep. by its Principal Secretary,
       Social Welfare Department, Hyderabad.

 

6.2CCs to

7.2CD copies