LINGAIAH Vs. R

JUDGEMENT

(1.) The petitioners were assigned lands in the year 1968-69 and they have been in possession of the same for the last 18 years. By a notification dated 6-3-1984 issued under Section 4(1) of the Land Acquisition Act (for short 'the Act'), the lands of the petitioners among other lands, were acquired for construction of workers' quarters of Singareni Collieries Company Limited. The Revenue Divisional Officer issued notices under Section 9. At the stage of award enquiry initially the Revenue Divisional Officer sent provisional valuation to the Collector for payment of compensation at Rs. 500/- per acre towards the developmental charges and the cost of the well which was approved by the Collector. On the representation being made on behalf of the petitioners that they had held the land for over 12 years and as such they are entitled to the market value of the lands on their acquisition, the Revenue Divisional Officer submitted a revised provisional valuation to the Joint Collector proposing compensation at the rate of Rs. 12,000/- per acre. That was approved by the Joint Collector, the second respondent herein in his proceedings No. B6/3713/86 dated 17-6-1986 The successor Joint Collector, however, did not agree to the revised proposal and on 13-9-1986 directed the first respondent, Revenue Divisional Officer to award compensation at the rate of Rs. 500/- per aere. Aggrieved by this order of 13-9-1986, the petitioners filed the present writ petition.

(2.) The Revenue Divisional Officer and the Joint Collector filed separate counter affidavits. The Revenue Divisional Officer in his affidavit in counter, stated that the petitioners hare been in possession of the lands which were assigned to them over 12 years before and are entitled to the compensation, it is only when the assignees have not been in possession of the lands for a period of 12 years that they are entitled to the developmental charges at the rate of Rs. 300/- per acre. He also admitted that initially compensation of Rs. 500/- per acre was suggested under the provisional valuation which was approved by the Joint Collector. It is also admitted that on the representation on behalf of the petitioners a revised provisional valuation suggesting compensation of Rs. 12,000/- per acre was submitted to the Joint Collector, 2nd respondent, which was approved on 17-5- 1986. It is, however, stated that consequent on transfer of the then Joint Collector another Joint Collector assumed charge of the office. While returning the draft award, the present Joint Collector in his ref. No. 86/3713/86 dated 13-9-1986 issued directions to the Revenue Divisional Officer, Nimal to submit the draft award at Rs. 500/- per acre observing that the revision of approved provisional valuation does not arise. It is also stated that the award is only an offer and if any person is not satisfied with it, he may ask for a reference to the court under the provisions of Section 18 of the Land Acquisition Act; he may even accept the compensation under protest relating to the sufficiency of the amount and ask for reference to the court, [n these circumstances, it is prayed that the writ petition may be dismissed.

(3.) In a separate counter-affidavit, the Joint Collector stated that the land in Survey No. 72 of Narsapur village was assigned to the landless poor for agriculture purpose in the year 1967-68 and 1969 in terms of the conditions laid down in G.O.Ms.No. 1406 Revenue, dated 25-7-1958. It is stated that R. Chandraiah one of the petitioners who was assigned the land to an extent of Acs. 2-20 cents in the said survey number, sold away the land to others by violating the conditions of grant of assignment and therefore he is not entitled to any compensation. It is submitted that as question of Acs. 157-04 cents of patta land in respect of which the award was passed at the rate of Rs. 17,000/- per acre in September, 1985 has got no relation to the present award proceedings because both are independent proceedings. In the present case, it is submitted that the Revenue Divisional Officer on 5-4-1985 had proposed, in the provisional valuation, the market value of Rs. 500/- per acre. Inspection of the lands was conducted by the then Joint Collector and the proposed market value was accepted on 16-5-1985. The provisional valuation of Rs. 500/- per acre was approved by the Joint Collector as market value and not as developmental charges. It is stated that as per the orders issued in G.O.Ms.No. 148 Revenue dated 7-5-1973 the assignees are eligible for the payment of the land compensation. In view of this the Revenue Divisional Officer was instructed to the send the revised provisional valuation proposals. Accordingly, the revised proposals were sent on 1-4-1986 at the rate of Rs. 12,000/- per acre. This was approved by the then Joint Collector and forwarded to the Revenue Divisional Officer on 17-6-1986. It is, however, contended that once the proposels for payment of compensation at the rate of Rs. 500/- per acre were accepted by the Joint Collector during the course of the award proceedings, the Land Acquisition Officer was no competent to send the revised proposals at the rate of Rs. 12,000/- per acre for the same land and that it deserves no consideration as such the impugned order was addressed to the Revenue Divisional Officer and in the circumstances, the same is valid. For the aforesaid mentioned reasons it is prayed that the writ petition may be dismissed.