' h IN THE HIGH COURT OF ANDHRA PRADESH::AMARA^ (Special Original Jurisdiction) m ■ K 1 WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE O PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12553 OF 2025 Between: 1. Viruvuru Pullaiah, S/o. Oblesu, Aged about 40 years, Occ Cultivation, R/o Chinnachowk, Kadapa, Kadapa District. 2. Bodduboyina Krishnaiahgari Gopal (Died), Rep by his Legal Bodduboyina representative Krishnaiahgari Gopal Aged about 66 years, Occ Cultivation R/o Vidyanagar, Badvel, Y.S.R.Kadapa District. Bodduboyina Krishnaiah S/o 3. Thoka Lakshmi Devi, W/o Thoka Venkata Subbaiah, Aged about 38 years, Occ Cultivation R/o Vidyanagar, Badvel, Y.S.R.Kadapa District. 4. Chinreddy Sreenivasula Reddy, S/o Subba Reddy, Aged about 58 years, Occ Cultivation, R/o Telugu Ganga Colony, Badvel, Y.S.R. Kadapa District. 5. B. Venkatasubba Reddy, S/o Venkata Subba Reddy, Aged about 65 years, Occ Cultivation, R/o Bodisettipalle Village, Atlur Mandal, Y.S.R.Kadapa District. 6. Aduri Chinna Veera Reddy (Died), Rep by his Legal representative Aduri Racham Reddy, S/o Bhadraiah, Aged about 65 years, Occ Cultivation, R/o Bodisettipalle Village, Atlur Mandal, Y.S.R.Kadapa District. 7. Viruvuru Adilakshmamma, W/o Pedda Obulesu Aged about 58 years, Occ Cultivation, R/o Bodisettipalle Village, Atlur Mandal, Y.S.R.Kadapa District. 8. Viruvuru Lakshmi Narasaiah, S/o Chenchaiah, Aged about 58 years, Occ Cultivation, R/o Bodisettipalle Village, Atlur Mandal, Y.S.R.Kadapa District. 9. Mannem Venkata Subbaiah, S/o. Ranga Reddy, Aged 55 years, Occ Cultivation, R/o. Bodisettipalle Village, Atlur Mandal, Y.S.R.Kadapa District. 10. Chindreddy Subba Lakshmamma (died). Rep. by her Legal Representative, Chindreddy Penchala Reddy, S/o. Narasimha Reddy, Aged 48 years, Occ Cultivation, R/o. Vidya Nagar, Badvel, Y.S.R. Kadapa District. ...Petitioners AND 'A'' ' t State of Andhra Pradesh, Rep by its Principal Secretary, Land '^J^quisition Department, Secretariat, Velagapudi, Amaravathi, Guntur ^istrict. 2. The Special Collector (LA), Galeru Nagari Sujala Sravanti GNSS, ' ' -Kadapa, YSR Kadapa District. 3. The Special Deputy Collector, Land Acquisition (FAC) TGP-II, Kadapa, YSR Kadapa District. 4. The Divisional Forest Officer, Kadapa, Kadapa District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying the compensation to our missing trees in our acquired lands covered by 4(1) notification dated 02-11- 2007 as per the inspection report conducted by the 2nd respondent as illegal, irregular, irrational, violative of provisions of the Land Acquisition Act and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents to pay the compensation for the missing trees as per the inspection report of the 2nd respondent lA NO: 1 OF 2025 Petition under Section 15T CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents to pay the compensation for the missing trees as per the inspection report of the 2nd respondent, pending disposal of the main Writ Petition Counsel for the Petitioners: SRI K KOUTILYA Counsel for the Respondents No.1 to 4: GP FOR LAND ACQUISITION The Court made the following: Order 1 NV,J W.P.No.12553 of 2025 APHC010251902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12553/2025 Between; ...PETITIONER(S) Viruvuru Pullaiah, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petltioner(S): 1.KKOUTILYA Counsel for the Respondent(S): 1 .GP FOR LAND ACQUISITION 2.GP FOR FORESTS The Court made the following: 2 NV,J W.P.No.l2553 of2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0.12553 of 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief; “To issue writ of mandamus declaring the action of the respondents - in not paying the compensation to our missing trees in our acquired lands covered by 4(1) notification dated 02-11- 2007 as per the inspection report conducted by the 2nd respondent as illegal, irregular, irrational, violative of provisions of the Land Acquisition Act and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay the compensation for the missing trees as per the respondent” inspection report of the 2nd 2. It is brought to the notice of this Court by the learned counsel for the petitioners that the issue in the present writ petition is squarely covered by the order dated 06.01.2023 passed by this Court in W.P.No.32962 of 2018. 3. In view of the same, this Court is inclined to dispose of the present writ petition also in terms of the reasons recorded in the said order. 4. Accordingly, this writ petition is disposed of, directing Respondent Nos.2 to 4 to take into cosndieration the inspection notes of the Special Collector 3 NV,J W.P.No.12553 of 2025 (Land Acquisition), GNSS, Kadapa and to pay compensation to the petitioners i for the missing trees, if any, within a period of three months from the date of receipt of copy of this order, there shall be no order as to costs. 5. Consequently, miscellaneous applications pending if any, shall also stand closed. 6. Registry is directed to enclose a copy of the order dated 06.01.2023 passed by this Court in W.P.No.32962 of 2018 to this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh Land Acauisition Department, Secretariat, Velagapudi, Amaravathi, Guntur District ^'‘‘T'cipal Secretary, State of Andhra Pradesh, Land Acauisition Department, Secretariat, Velagapudi, Amaravathi, Guntur District ’ Sravanti GNSS YSK Kadapa District.Collector, Land Acquisition (FAC) TGP-II, Kadapa 6. The Divisional Forest Officer, Kadapa, Kadapa District 7. One CC to SRI K KOUTILYA Advocate [OPUC] Pradesh [OUTf^ LAND ACQUISITION, 9. Three CD Copies High Court of Andhra gsg (Along with Copy of Order dated 06.01.2023 in WP. No. 32962 of 2018) HIGH COURT DATED: 07/05/2025 ORDER WP.No.12553 of 2025 DISPOSING THE WP WITHOUT COSTS THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION N0.32962 OF 2018 ORDER: The present Writ Petition is filed by the petitioners seeking the following relief: "...to declare the action of the respondents in not paying the compensation to the missing trees of the petitioners existing on the acquired iand in sy.nos.7/4, 7/5, 15/3, 19/2, 7/3, 19/3, 60/1, 143/1, 146, 147, 148, 119, 297, 160, 161/1, 276/1, 285/1, 283, 290, 291/1, 159/1 and 286 ofJonavaram village of Atioor mandai inspite of the letter addressed by jf'^ respondent dated 16-10-2014 to the 4the respondent for valuation report is as illegal, arbitrary and consequently direct the respondents 1 to 4 to pay the compensation for the missing trees existing the acquired land of. the petitioners in sy.nos.7/4, 7/5, 15/3, 19/2, 7/3, 19/3, 60/1, 143/1, 146, 147, 148, 119, 297, 160, 161/1, 276/1, 285/1, 283, 290, 291/1, 159/1 and 286 of Jonavaram village of Atioor mandai as per the provisions of Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by obtaining valuation report'from the 4^ respondent pursuant to the letter addressed by the respondent dated 16-10- 2014...." on The case of the petitioners herein is that, the Respondent No.2 has issued notification under Section 4(1) of the Land Acquisition Act, 1894 Cthe Act', in short), dated 03-11-2007 notifying petitioners lands 2. 7 and trees along with other lands for offshore submergence under Soma Sila Project to a total an extent of Ac.258.94 cents and thereafter made a declaration under Section 6 of the Act, only to an extent of Ac.204.50 cents wherein petitioners lands were also published. Further pursuant to the Draft Declaration, Respondent No.3 has passed a consent Award No.5/2008-09 dated 04-03-2009 in respect of subject land. While passing an Award, as 2"'^ respondent has missed some of the trees in petitioners acquired land, the petitioners made a representation to the 2"^ respondent to conduct inspection for payment of compensation for missing trees existing in the petitioners acquired lands. It is the further case of the petitioners that, pursuant to the petitioners representation the 2"*^ respondent has conducted joint inspection and identified the missing tress in the petitioners acquired land and in pursuance of the joint inspection report the 3''^ respondent had addressed a letter vide Ref.No.C/151/2007, dated 16-10-2014 to the 4* respondent to send the valuation of missing forest trees. Though the 3'^ respondent addressed a letter dated 16-10-2014 for furnishing valuation of trees the 4* respondent did not furnish the valuation of forest trees as requested by the 3'^'^ respondent. As such several oral representations were made for payment of compensation to the missing trees existing on the petitioners acquired land. After obtaining valuation from the 4^^ respondent as the authorities are not taking any steps, despite of oral representations, the present Writ Petition is filed. To the said Writ Petition, 3'''* respondent filed his counter denying the allegations inter alia contending that, the Special Deputy Collector, without conducting any joint inspection, forwarded the request of the ryots as it was mentioned in Special Collector's inspection notes (6*^*^ Column) to the Divisional Forest Officer (4 respondent) vide reference No.C/151/2007, dated 16-10-2014 and further contended that, basing on the same it is very clear that the missing trees claimed by the ryots are not genuine as they could not find place in any of the following reports: (i) Joint inspection report of Tahsildar, Atloor, Horticultural and Forest Department officials i.e.. Draft Notification, (ii) Inspection report of Special Deputy Tahsildar, O/o Special Deputy Collector (LA.), T.G.P. Unit - I, i.e., Draft Declaration, (iii) Inspection report of Special Collector. As such, prayed to dismiss the Writ Petition. 3. th Heard Sri Lakshmi Narayana Reddy, Learned counsel for petitioners and Learned Assistant Government Pleader for Land 4. Acquisition. 4 5. Learned counsel for petitioners, in elaboration as to what has been stated in the affidavit, submitted that the petitioners land has been acquired under Notification and when the trees existing in the petitioners' acquired land are missing in the Draft Declaration, they made a request to consider payment of compensation to the missing trees also and their representation was taken into consideration and the Special Deputy Collector has requested the Divisional Forest Officer to send a report under his proceedings, dated 16-10-2014, which is placed on record and drawn the attention of this Court. Learned counsel for petitioners further submitted that, pursuant to the letter dated 16-10-2014, a report has been given by Divisional Forest Officer to the Special Deputy Collector, dated 26-09-2019, submitting that the authorities have informed about the missing trees. Learned counsel for petitioners submitted that the said exercise has been done by the authorities by virtue of the interim directions granted by this Flon'ble Court in the present Writ Petition which is also filed along with the LA. 1/2021 and drawn the attention of this Court. He further submitted that, after receiving the report dated 26- 09-2019, the Special Deputy Collector asked the Divisional Forest Officer to send valuation for the missing trees as per the recommendation of the Divisional Forest Officer which is also placed on 40 5 record and drawn the attention of this Court to the same. In spite of all these reports, the authorities have not paid compensation to the petitioners which they are legally entitled to. If the compensation is not paid to the petitioners, the petitioners' rights will be affected and they will be put to great hardship and irreparable loss and as such, prayed to consider and pass appropriate orders in that regard. On the other hand. Learned Assistant Government Pleader reiterating what has been stated in the counter contended that the reports which are relied by the petitioners i.e., report dated 26-09- 2019 and the valuation report dated 06-09-2019 are not valid, as in the reports, the joint inspection report of Tahsildar, Atloor, Horticultural and Forest Department officials i.e.. Draft Notification and the Draft Declaration are not taken into consideration. Therefore, the claim made by the ryots for payment compensation of the missing tress is not genuine and accprdingly prayed to dismiss the Writ Petition. 6. said 7. A perusal of the record goes to show that, the petitioners' lands have been acquired for offshore submergence of Somasila Project and the said lands are covered by Section 4(1) notification of the Act and Draft Declaration and thereafter, an Award has been passed. 6 It is not in dispute that, the petitioners have made their representations to the authorities after noticing that their trees are not shown either in the Notification under Section 4(1) of the Act or in the Draft Declaration and started pursuing their issue for payment of compensation for the trees also. It is also not in dispute that, the Special Deputy Collector addressed a letter to the Divisional Forest Officer dated 16-10-2014 whereby the said authority asked to send valuation report for missing trees of the petitioners. In the said letter the representation of the petitioners was referred to and also it shows that earlier a report has been sent for the trees which are in existence, but valuation of the missing trees of the petitioner was not sent. Pursuant to the letter dated 16.10.2014 the Divisional Forest Officer has sent a report dated 06.09.2019 to the Special Deputy Collector by duly taking into consideration the Photostat copies available in their office with regard to the trees existing then and in the said report he has categorically stated that as on today there are no trees on the ground and the said report is being sent basing on the available Photostat copies in the office, which shows about existence of trees. The said report dated 06.09.2019 is placed on record by the respondent along with the counter. Pursuant to the said report dated 06-09-2019 which was given by the Divisional Forest Officer to the Special Deputy Collector, 7 stating that he has sent Photostat copies, as original records are not available, a statement was prepared showing valuation of the missing trees. Pursuant to the said inspection cited supra, the Special Deputy Collector issued proceedings dated 10-10-2019 to the Special Collector (Land Acquisition) duly recommending for payment of compensation and requested for approval and for issuance of orders in order to take Now, the authorities are denying payment of compensation, on the ground that the missing trees are not found place in the Draft Declaration and in the Notification issued under the Act and further there is no inspection report of the Tahsildar. It is not the case of the respondents that pursuant to the receiving of these reports they have categorically informed either to the Tahsildar or to the petitioners that these reports cannot be considered on the ground that the reports were prepared basing on the Photostat copies available in the office. After filing the Writ Petition, now in the counter they are raising the said issue for denying payment of compensation to the petitioners, which is not justified. Therefore, the reasons stated in the counter for denying compensation are unsustainable. As such, this Court is inclined to pass the following order: The 2"^^ respondent-special Collector and the 3’’^ respondent- Special Deputy Collector are hereby directed to take into consideration the letter under Ref.No.C/151/07 dated 16.10.2014, report further action. 8 Ref.No.2756/2019/Al dated 26-09-2019 and Rc.No.2756/2018/A4 dated 06-09-2019 and to pay compensation to the petitioners missing trees, within a period of three (03) months from the date of receipt of copy of this order. Accordingly Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, pending if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI 6^*’ December, 2023 BRS/GBS