Chella Rajasekhara Reddy and Others vs Govt. of A.P. and Others

G. Bikshapathy, J.—Both the Writ Petitions are clubbed and disposed of under common order.

W.P. No. 16036/92:

The Writ Petition is filed seeking declaration that the action of the 2nd respondent in not passing the Award in respect of 5000 feet pipeline in S. Nos. 297/2and 298/2 of Penubarthi village, Rapur Mandal, Nellore District as illegal and arbitrary and for consequential direction to pass an award, fixing the compensation in respect of the pipeline in respect of the estimation submitted by the 3rd respondent on 15-2-1992.

The case of the petitioner is that the entire village of Penubarthi was acquired by the Government for foreshore submersion of Kandaleru Reservoir of Telugu Ganga Project. Notification was issued u/s 4(1) of the Land Acquisition Act on 22-10-1990 and the possession was also taken. As far as the petitioner is concerned an extent of Ac.4-82 cents were acquired under the notification. The Land Acquisition Officer passed award in respect of the compensation of the land acquired. The petitioner aggrieved by the said fixation of the said compensation, appears to have filed application for reference and the matter is now pending before the Civil Court. However, the grievance of the petitioner is that he laid a pipeline of 5000 feet length for supply of the water to the lands in S. Nos. 297 and 298. A well was dug in S. No. 340 where the motor was installed and the pipeline was laid in the other survey numbers. Though a claim was made before the Land Acquisition Officer for payment of the cost of the pipeline, the Land Acquisition Officer did not refer the claim and only passed Award in respect of the lands acquired. Therefore, the petitioner made representation to the Land Acquisition Officer and other connected authorities to fix the compensation in respect of the pipeline since it was submerged in the reservoir. It is th.2 case of the petitioner that necessary estimates were also prepared by the 3rd respondent on 15-2-1992 for fixing the compensation. But, however, no action has been taken to pay the compensation in respect of the pipeline.

Heard the learned counsel for the petitioner and also the learned Government Pleader. It is not in dispute that an extent of Ac.4-82 cents was acquired from the petitioner in respect of the land situated in Penubarthi village. However, the dispute subsists only with regard to the payment for the pipeline. The reasons for not including the said amount are not forthcoming and not even a reference was made with regard to the pipeline. That is the reason the learned counsel for the petitioner submits that the reference was also not sought in respect of the value of the pipe line. I am not inclined to go into the merits of the claim inasmuch as the Land Acquisition Officer appears to have not considered the representation of the petitioner itself. Therefore, without dealing with the matter on merits, I am inclined to dispose of the Writ Petition with the direction that the 2nd respondent shall cause an enquiry into the grievance of the petitioner with regard to the fixation of the compensation for the pipelines laid in S. No. 297 and 298 and pass appropriate orders within a period of two months from the date of receipt of this order.

W.P. No. 15874/92: Coming to the second Writ Petition W.P. No. 15874/92, the grievance of the petitioner is that the land, in the entire village was acquired and only an extent of Ac.8-64 cents belonging to the petitioners was left without acquiring the same. The effect of non acquisition is that the petitioners are not in a position to approach the lands as the other areas which were acquired both belonging to the petitioners and other villagers got submerged in the Reservoir and there is no way to reach the lands and cultivate the lands. Thus, the petitioners are deprived of using the lands even though it was not acquired by the authorities. Therefore, they filed Writ Petition seeking direction to the Respondents to acquire this land under the Land Acquisition Act and arrange the payment of the compensation in accordance with the law.

The Government filed counter stating that since the lands have not been taken over by the Government, the question of payment of compensation does not arise. It is not for the petitioners to demand the acquisition of the lands, but it is the requirement of the situation which warrants the acquisition. It is also stated in the counter that the Reservoir level has not reached the full length and with the result the lands of the petitioner continued to be unsubmerged. However when the full length of the reservoir is reached, the necessary steps would be taken by the Government to acquire the land as the petitioners will not be in a position to cultivate the land at that particular point of time. Therefore, the learned Government Pleader submits that since the full level has not been reached, the Government have not initiated any proposals to acquire the land. That was the counter in 1992. The present position has not been placed before this Court. The learned counsel for the petitioners submits that the full length has already been reached and the land which is left out has become only an island in the result that the petitioners have no access whatsoever to reach their lands, hence there1 is indirect deprivation of their property without acquiring the said land under Land Acquisition Act.

I have considered the respective contentions of the learned counsels. It is not in dispute that the Petitioners'' land; which are not acquired form part of the lands which are ear-marked for foreshores submersion, but however since the Reservoir level has not reached to the extent so as to submerge the unacquired lands, the action has not been taken. In this regard the Chief Engineer of the Telugu Ganga Project has addressed communication to the Government on 3-1-1991 to acquire the lands of the petitioners seeking orders of the Government to acquire the small balance of extent and the left over lands in the same survey number, but so far the Government has not taken any action in this regard.

In view of the present position, I am not deciding whether the lands are required to be acquired or whether they may be allowed to be cultivated by the respective owners by giving necessary passage to them. Suffice to say that the representation made by the petitioners for acquiring the lands on 5-2-1990 and subsequent representations. The Chief Engineer by his letter dated: 3-1-1991 addressed the Government for necessary clarification and so far no clarification has been issued by the Government in this regard. Under these circumstances. I am inclined to dispose of the Writ Petition with the direction that the Government shall consider the communication sent by the Chief Engineer, Telugu Ganga Project, Srikalahasthi No. CE/TGS/TS/T4/102 TGP, dated 3-1-1991 and pass appropriate orders within a period of two months from the date of receipt of this order. There shall be no order as to costs.