Karimnagar District – Payment of land compensation towards the petitioner


The District Collector & Special Officer, Karimnagar has submitted the proposal to Government for sanction of an amount of Rs.8,54,000/- towards land compensation to the petitioner Sri V.Narsa Reddy of Metpalli Mandal of Karimnagar District in W.P.No.13542/2009.

The Chief Executive Officer, Zilla Praja Parishad, Karimnagar has furnished the position of the General Funds of Rs.22,60,137/- available in ZPP, Karimnagar.

Government after careful examination of the matter hereby accord permission to the District Collector & Special Officer, Karimnagar, to pay land compensation to the petitioner Sri V.Narsa Reddy of Metpalli Mandal of Karimnagar District in W.P.No.13542/2009 out of the General Funds of Zilla Parishad, Karimnagar. However they may economize as the proposed publication charges of Rs.3.00 lakhs which is appearing to be disproportionately higher when compared to the compensation amount of Rs.5,33,254/- (Rupees five lakhs thirty three thousand and two hundred fifty four only). The proposal of Rs.20,000/- for administrative charges is also agreed. The entire sanction is for Rs.8,54,000/- (Rupees eight lakh fifty four thousand only), subject to economize the cost of publication while payment of land compensation, if required by combining with such other cases.

The Commissioner, Panchayat Raj & Rural Employment, Hyderabad/ the District Collector, Karimnagar shall take necessary action accordingly.

This order issues with the concurrence of Finance(Exp.PR&RD) Department vide their U.O.No.1265/91/13/Exp.PR, dt.26.3.13.

G.O.Rt No. 599 Dated 09.04.2013 Read the following:

1) From the District Collector & Special Officer, Karimnagar, Lr No.D1/391 /2012 , dt.27.1.2013

2) From the Chief Executive Officer, ZPP, Karimnagar, Lr No.D7/234/2013, dt.8.2.2013
This writ petition is filed by the petitioner seeking for issuance of Writ of Mandamus declaring the action of the respondents in taking over the land of the petitioner admeasuring Ac.0-35 gts., in Sy.No.326 situated at Ammakkapet Village, Ibrahimpatnam Mandal, Karimnagar District and not paying any compensation for the said land as illegal and arbitrary and consequently direct the respondents to pay compensation of Rs.3,00,000/- together with interest @ 18% per annum from the date of taking over possession of land i.e., 30-04-2001 till the date of payment.

It is the case of the petitioner that he is having agricultural land to an extent of Ac.4-02 gts., in Sy.No.326, out of which an extent of Ac.0-35 gts., was forcibly taken by the Government for construction of Check Dam in the year 2001. The said work was executed as per the sanction given by the 3rd respondent vide proceedings Rc.No.A4/850/2001, dated 02-03-2001. As no compensation is paid, the petitioner made repeated requests to the respondents to pay compensation. While so, the 2nd respondent submitted a report, dated 21-11-2008, stating that the land admeasuring Ac.0-35 gts., was occupied for construction of Check Dam in the year 2001-02. The petitioner has also submitted a representation dated 28-08-2008 requesting the respondents to pay compensation of Rs.1,50,000/- for the acquired land. But, so far, no action has been taken. Hence, the present writ petition.

A counter affidavit is filed on behalf of respondents 1 and 2. It is stated that though respondents 1 and 2 did not have any role in construction of Check Dam, the petitioner impleaded them as respondents 1 and 2 in the writ petition. Respondents 1 and 2 are no way concerned with the construction of Check Dam in the petitioner’s land. The Panchayat Raj Department, who has constructed the Check Dam in the petitioner’s land, is answerable to pay compensation to the petitioner. The Panchayat Raj Department did not give any requisition to the Revenue Department for acquiring the petitioner’s land. As they have no role in construction of Check Dam by the Panchayat Raj Department, the writ petition is liable to be dismissed against respondents 1 and 2.

It is further stated that the petitioner submitted a representation to the 1st respondent on 05-09-2008. On the basis of the said representation, the 1st respondent called for a report from the Revenue Divisional Officer, Jagitial. The Tahsildar, Ibrahimpatnam caused an enquiry and submitted a report to the Revenue Divisional Officer, Jagitial vide his letter No.B/195/08, dated 30-10-2008 stating that the land admeasuring Acs.0-35 gts., was occupied by the Panchayat Raj Department for construction of Check Dam under Employment Assurance Scheme in the year 2001-02. The Revenue Divisional Officer, jagitial, vide his letter dated 03-03-2009 requested the Mandal Parishad Development Officer, Ibrahimpatnam to send a detailed report with regard to acquiring the land in question. The Mandal Parishad Development Officer, Ibrahimpatnam, informed the Revenue Divisional Officer, Jagitial that the land to an extent of Ac.0-35 gts., was occupied by the Panchayat Raj Department under Employment Assurance Scheme in the year 2001-02 for construction of Outa Cheruvu (check Dam) and no compensation was paid to the petitioner.

Learned counsel appearing for the petitioner submits that though the land of the petitioner was taken forcibly by the Panchayat Raj Department without following the due process of law, no compensation was paid to the petitioner.

On the other hand, the learned Government Pleader appearing for R-1 and R-2 submits that respondents 1 and 2 are no way concerned with the work executed by the Panchayat Raj Department. However, basing on the representation made by the petitioner, the 1st respondent called for a report from the Revenue Divisional Officer, Jagityal. The Tahsildar, Ibrahimpatnam caused an enquiry and submitted a report to the Revenue Divisional Officer, Jagitial vide his letter No.B/195/08, dated 30-10-2008 stating that the land admeasuring Acs.0-35 gts., was occupied by the Panchayat Raj Department for construction of Check Dam under Employment Assurance Scheme in the year 2001-02. Respondents 1 and 2 have no role either in construction of Check Dam or taking possession by the Panchayat Raj Department.

In the instant case, there is no dispute with regard to acquiring the land of the petitioner to an extent of Ac.0-35 gts., for the purpose of construction of Outa Cheruvu (Check Dam) in the year 2001-02. It is also not in dispute that so far no compensation is paid to the petitioner, as alleged in the counter of respondents 1 and 2.

Having regard to the above facts and circumstances, the writ petition is disposed of directing the respondents to pay compensation to the petitioner for the land admeasuring Ac.0-35 gts., in Sy.No.326 situated at Ammakkapet Village, Ibrahimpatnam Mandal, Karimnagar District, in accordance with law either by initiating land acquisition proceedings or otherwise, within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs.

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