High Court · 2025

titution of lndia praying that in the therewith, the High Court may be ore particularly a Writ of Mandamus declaring the action of the the respondents 1 to the petitioners with regard to the loss of respective lands in Sy.No.157114, 147118, shivar, Vemanpally mandal, Adilabad Dis purpose of construction of Pranahita B.R.Ambedkar) Project, as illegal, arbitrary, principles of natural justice and contrary to t to 3 in not paying the compensation mall tanks (kunta), situated in their 138, situated at Jakkepally village rict, which were acquired for the Chevella Sujala Sravanthi (Dr buse of process of law, violation of e provisions of Land Acquisition Act consequently direct the respondents 1 to 3 to pay the compensation to the petitioners for the acquisition of small tanks situated in their respective lands in the interest of justice l.A. NO: 1 OF 2013( WPMP. NO: 17111 OF 20'13) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider and pass orders'on the representations submitted by the petitioners for payment of compensation for the acquisition of small tanks (kunta) situated in their respective lands at Jakkepally Village, Vemanapally I\/andal, Adilabad District in the interest of justice pending disposal of the above writ petition Counsel for the Petitioner: SRl. S SURENDER REDDY Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following: ORDER ' '.aif&1,€'f, HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.1 OO3 of 2O13 ORDER: The petitioners are aggrle ed by the action of the respondents 1 to 3 in not PaYing he compensation with regard situated in their respective to the loss of small tanks kun lands in Sy.No.157 /14, 147 11,8, 138 situated at Jakkepally Adilabad District (subject village shivar, Vemanpally mand lands) which were acquired for t e purpose of construction of Pranahita Chevella Sujala Sravan i Dr.B.R.Ambedkar Project.

2. Heard learned counsel fo the petitioners and learned Assistant Government Pleader [o Lancl Acquisrtion appeartng on behalf of respondents

3. The case of the petitione s is that their fathers were assigned with the subject lands the year 1975 and pattas were given to them and thel' h ve developed the lands by constructing kuntas (small tan s) in the lands. The then Government of Andhra Pradesh in nded to acquire the lands in Vemanapally Village for the pur ose of the construction of Chevella Sujala Sravanti Pranahi Project and in pursuance of i1 ..,,.. the same, respondent No.1 issued draft rrotification in the month of December, 2O11. Subsequentiy, respoltdent No.4 conducted survey and found that the kuntas are existing in the lands of the pctitioners ald they are entitled for payment of compe neatio. ror the kuntas. It is further submittea that aJter acquiring the lalds, respondent No.2 determined compensation for lands, opcn wel1s and bore wells but failecl to dctermine the compcrrsation for the loss of small tanks. As per tl,rc report of responcienl No.4, tire petitioners are entitled for an amount of Rs.2,57,O00/ , IRs.2,51,6i2l- and Rs.2, 20,OOo/_ for the loss ot kuntas, horic-ver, the respondents are not paying the same.

4. Petltioncrs appro;rched respondent No.2 and submitted individual representations on 30.03.2O13 ar_rd requested to pav the compensation for the small tanl<s also. Hou.ever, no orders were passed on l he said rcpresentations. euestioning the same. the prcscnt \\.rit petition is filed.

5. A counter affidavit has been filed b-t. Special Deputy collector (Land Acquisition), Unit II, Dr.B.R.Ambedkar Pranahitha Chevella Sujala Sravanthi project. Mancherial i.e., respondent No.2 stating that the petitioners n.ere already paid .:.,*^*r/ 1?w r '-. / with exgratia as per eligibili[, per classification of the land and if they have got any griev ce against the exgratia paid, they have to approach a com tent civil Court. It is further submitted that subject lands a assigned lands and they are coming under acquisition for onstruction of Gravity CanaJ under Package No.IV and that the field staff has conducted survey and recorded actuai po ition of the lands i.e., crops raised on the fields, trees and permanent structures in the lands. As per report the catego of the lands are classified as Category 'C' and it is observed t there are no bore wells/open wells/tanks arrd other permane t structures in the lands. It is further submitted that as per th stirvey, the exgrat ia proposa-ls have been prepared treating t e above lands as dry under Category 'C' as per G.O.Ms No.i35, I&CAD(Pw R&R-A2) Department dated 30.1 l.2OO4 a d exgratia has been paid to the petitioners on 23 .O2.2O 13 an

14.03.20 13. It is further submitted that Executive Engi eer, I&CADD, PP.Rao Project \ \ Division, Bellampa1ly had quant 1ed for the loss of small tanks and there are no tanks in the s bject lands, and payments of exgratia for tanks does not ar se and accordingly prayed to dismiss the present writ petition. 4 *1

6. It is pertinent to note that petitioner in hrs representatior-r dated 30.03.2013 stated that on his request, thc Survey Deparlment has inspected the kunta ancl recommendecl for valuation. The authorities, after valuation, have fixed thc value of kunta for arl amount of Rs.2,20,000/-. However, a cop,v of the v:rluatron report has not been placed in this u,rit petition. That apart, there are disputed questions of fact lvith regard to the very existence of l<unta u,hich cannot be decidecl on affidai,it. Therefor c, thc prayer sought for in the prescnt rr.rit petition cannot bc granted.

7. Accordingly, this writ petition is dismrssed. I\4isccllaneous pctitions, if any, pending in this \\'rit petition shall stand closed. No costs. To, //TRUE COPY// i SD/-A. SRI \i::l"t NIVASA REDDY NT REGISTRAR SECTION OFFICER

1. One CC to SRl. S. SURENDER REDDY, Advocate IOPUC] 2. fwo CCs to GP FOR LAND ACOUISITION ,High Court for the State of Telangana at Hyderabad [OUT]

3. Two CD Copies BM TKS HIGH COURT DATED:0410412025 ORDER WP.No.14003 of 2013 l o'( : ; ,/ H'1 t Ro €rA Jlit, .1 ,. J. \,'& \. EuA41 o _' t- -- -_-aa-, DISMISSING THE WRIT PETITION WITHOUT COSTS p /.4 /5/ ?,/1 ; \