APHC010587112015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 32089 OF 2015 Between: Beela Raghava, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the petitioners : Mr. K. Venkatesh Counsel for the respondents : Government Pleader for Land Acquisition 2 This Court made the following: ORDER: The present Writ Petition is filed seeking to declare the action of the respondent Nos.2 to 4 in acquiring the house plots of petitioners situate in R.S.No.267 of Katheru village of Rajahmundry mandal, East Godavari District, for the purpose of Venkatanagaram Lift Irrigation Scheme, without paying compensation as illegal, arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India and for consequential direction to the respondents to pay compensation on square yard basis or alternatively provide house sites to the petitioners in the same locality. 2) Learned counsel for the petitioners made submissions, inter alia, to the effect that the petitioners are owners of small extents of plots, the details of which are set out in para-2 of the writ affidavit, and that through the said plots a canal under Venkatanagaram Lift Irrigation Scheme was dug. He submits that the said canal was dug without issuing any notice to the petitioners and no compensation, as per the provisions of the Land Acquisition Act, was paid. He submits that though the petitioners got issued a legal notice to the respondents 2 and 3, no action has been taken and in those circumstances the petitioners are constrained to file the present Writ Petition. 3) Mr. Siva Prasad, learned Assistant Government Pleader, representing the respondents made submissions on the basis of the 3 counter affidavit filed by the 2nd respondent. While denying the submissions that the lands were utilized for the purpose of digging a canal without notice to the petitioners, he submits that in fact proceedings before the District Legal Services Authority, Rajamahendravaram, in PLC No.7578/2014, the petitioners have not submitted any material / documents to substantiate their claim that they are the absolute possessors and enjoyers of the subject matter lands. Be that as it may. He submits that as stated in the counter affidavit, the compensation to the petitioners would be paid, provided the relevant documentary evidence establishing their rights are produced before the concerned authority. 4) This Court has considered the submissions made and perused the material on record. 5) It is not in dispute that an Award in respect of the lands, which are acquired for the purpose of digging canal under the Venkatanagaram Lift Irrigation Scheme vide Award No.1/2007 dated 10.03.2008 was passed. The grievance of the petitioners is that they lost their plots in view of the digging of canal and they are entitled for compensation. As the respondents specifically stated that compensation amount would be paid on production of documentary evidence, this Court deems it appropriate to dispose of the Writ Petition, leaving it open to the petitioners to approach the concerned authority i.e., the Special Deputy Collector, Land Acquisition Officer, Indira Sagar Project, LMC Unit-I, 4 Rajamahendravaram, as stated in para-9 of the counter affidavit. The said authority shall examine the claims of the petitioners subject to their preproduction of relevant documentary evidence in proof of their title / right over the subject matter plots. 6) With the above observation, the Writ Petition is disposed of. No costs. 7) Consequently, the Miscellaneous Applications pending, if any, shall stand closed. ____________________ NINALA JAYASURYA, J Date:03.01.2025. SSV 5 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 32089 OF 2015 Date:03.01.2025 ssv