HON’BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION No.19156 of 2021 

ORDER: 

This Writ Petition is filed questioning the inaction of the  respondents in not paying the compensation for the acquisition  of land measuring Ac.1-36 cents situated in Sy.Nos.720/1 and  721 in Prathipadu Revenue village, Guntur District. 

This court has heard Sri Gudapati Venkateswara Rao,  learned counsel for the petitioner, Sri P.Durga Prasad, learned  standing counsel for respondents 1 to 3 and the learned  Government Pleader for revenue for respondents 4 to 6. 

Learned counsel for the petitioner points out that the  petitioner is a private trust running a “Dharmasatram” /  Choultry in the subject land and village. It is the owner of the  land situated in Sy.Nos.720/1 and 721 in Prathipadu Revenue  village, Guntur District. It is the case of the petitioner that the  2nd respondent Corporation has taken over the said land and  established a bus station therein but has not paid them any  compensation whatsoever. Learned counsel for the petitioner  argues that once the land has been taken over and the bus  stand has been constructed for the benefit of the public the  respondents are bound to pay the compensation to the owners.  Learned counsel for the petitioner submits that there is no  dispute about the essential facts and that as the land was  highhandedly taken over by the respondents for construction  of a bus stand, they are bound to pay the compensation. While 

repelling the submissions made by the learned counsel for the  respondents on the grounds of delay etc., it is argued that if  there is a blatant violation of the rights of the petitioner, the  delay should not be a ground to throw out the case. Learned  counsel for the petitioner relied upon the following five  judgments, which are filed along with a memo to argue that the  petitioner’s rights cannot be denied solely on the ground of delay. 

1) N. Ananda Reddy v State of Andhra Pradesh1 2) Vidya Devi v State of Himachal Pradesh and  Others2 

3) The Secretary to Government of A.P., I & CAD,  Department, Hyderabad and Others v Lavudi  Lakya and others3 

4) E.P. Vinaya Sagar v Land Acquistion Officer-cum Revenue Divisional Officer, Kamareddy,  Nizamabad and Others4 

5) Gourishetti Narayana v special Deputy Collector  (LA & R & R) Sripadasagar (Yellampally) Project,  Mancherial, Adilabad and Others5 

For respondents 2 and 3-the State Road Corporation, the learned standing counsel Sri Durga Prasad argues that the  land was “voluntarily” given by the trustees to the State Road  Transport Corporation in 1988 and was not forcibly or  highhandedly taken over. The bus stand was constructed in  the year 1989. It is asserted that from that date till the Writ  

1 2021 SCC OnLine AP 2679 

2(2020) 2 SCC 569 

3 W.A.No.548 of 2004 of High Court of A.P., 

4 2008 SCC OnLine AP 56 

5 2014 SCC OnLine AP 1416

petition is filed the petitioners never approached the  respondents or any authorities for compensation. Apart from  that it is reiterated that the land was actually “donated” for the  construction of a bus station. The bus station was constructed  under the ‘Telugu Grameena Kranthi Padham’ and is being  used since 1989. Since the land is donated at free of cost the  question of payment of compensation does not arise as per him.  Learned counsel for the petitioner also relies upon the  documents, which are annexed to the writ petition, to state that  the land was donated by the trust. He relies upon the letter  dated 07.07.1988 by which the Junior Engineer has taken over  possession of the property. He also points out that in a letter  addressed by the local MLA it is clearly asserted that the land  is given free of cost 13 years ago. Lastly, learned counsel relies  upon a letter addressed by two of the trustees, to the then Chief  Minister, wherein it is mentioned that the land was given for  construction of a bus station, on the condition that the State  Road Corporation would reconstruct the old dilapidated  choultry, which is standing there. Basing on these documents, learned counsel argues that the trustees have voluntarily  donated the land. It is also submitted that the issues urged in  this case including forcible occupation as urged by the  petitioners are matters of evidence. There are very seriously  disputed questions of fact which cannot be decided in a writ  petition, as per him.

For the 6th respondent the learned Government Pleader  for Revenue also argues on similar lines. It is reiterated that  the site was donated for the bus stand at Prathipadu. The local  enquiries made by the respondents clearly show that this land  was in fact donated. An issue is raised about the locus of the  present petitioner and deponent of the affidavit who filed the  present writ petition. The issue of delay is also highlighted by  the learned Government Pleader.  

COURT

Sri G. Venkateswara Rao, learned counsel for the  petitioner contends that the land was occupied and taken over  without permission and without payment of compensation. He  lays emphasis on the case law that he has cited and in  particular the leading judgment of Vidya Devi case (2 supra).  He also argues that other judgments cited by him are squarely  applicable to the facts and circumstances of the case and that  only on the ground of delay the petitioners case cannot be  thrown away. He also laid stress on Article 300-A of the  Constitution of India, to argue that the right of property is a  basic human right and that a person cannot be deprived of his  property except by due process of law. Hence, he prays for an  order. While this argument looks appealing, a closure  examination of the facts in this case make it clear that the  present case is clearly distinguishable. The case law cited by  the learned counsel for the petitioner would not apply to the  facts in this case for the simple reason that there is a 

fundamental issue about the land i.e., whether this land is  donated or occupied. In the information furnished to the  petitioner on 15.10.2015 itself it is mentioned by the RTC  authorities under the RTI Act that the property was taken over  in 1987 and it is “gift land”. In the counter affidavit filed by the  2nd and 3rd respondents it is asserted that the land was  voluntarily donated. No rejoinder is filed to this counter  affidavit. The enclosure to the counter namely the letter dated  07.07.1988 addressed by the Junior Engineer, APSRTC,  Guntur, states that the land is “donated” by the Trust. It is  stated that the Trust members also agreed to register the land  after the finalization of certain issues. It is ultimately  mentioned that the Junior Engineer has taken the land on five  rupees stamp paper from the Trust members and that the  registration of the land is pending. The letter addressed by the  local MLA in September, 2000 also states that the land is given  “freely for the RTC bus stand”. Lastly, in the letter addressed  by the Trustees, it is also stated that the land was given  voluntarily for the Bus stand and in return the dilapidated  choultry would be constructed by the RTC authorities. The  request in the penultimate paragraph is for the construction of  the choultry. These facts, in the opinion of this Court, make a  fundamental difference in the applicability of the case law to  the present case. While the delay itself cannot be a ground to  throw out the claim of the petitioner, it is clear that if the land  was voluntarily donated the petitioner would not be entitled to 

compensation. Even if the RTC did not reconstruct the  choultry can the petitioner claim compensation? Was the land  “forcefully taken over” is another issue. Although there is no  “gift deed” per se some contemporaneous evidence is produced.  The property is being used openly and is assessed to tax in the  name of the RTC. The petitioner’s inaction for decades is also  clearly visible. Thus, there are very seriously disputed  questions of fact. They require evidence to be decided. The  same cannot be done in the proceedings under Article 226 of  the Constitution of India. The judgments cited by the 2nd respondent viz., Narender v Secretary, Municipal  Administration, Secretariat Buildings Hyderabad and  Others6 is also similar to the facts of this case. In that case  also learned single Judge held that where there is seriously  disputed question of facts writ is not a proper remedy.  

The Writ Petition is, therefore, dismissed leaving it open  to the petitioner to pursue the remedies available to him. In  such a case both parties can raise all the pleas available to  them. There shall be no order as to costs.  

Consequently, the Miscellaneous Applications pending,  if any, shall also stand dismissed.  

__________________________ 

D.V.S.S.SOMAYAJULU, J 

Date:23.03.2022 

Ssv 

6 2003 (5) ALD 448

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