Pola Raju v. District Collector
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.17323 OF 2005 ORDER:
Heard learned counsel for the petitioners and the learned Advocate General for respondents.
This writ petition was filed challenging the action of the respondents in stopping the petitioners and their families from continuing fishing activity from fish land center along beach at Dibbapalem, Pedagantyada Mandal, Visakhapatnam District without rehabilitating them. A counter affidavit is filed initially way back on 18.08.2005 and subsequently the Revenue Divisional Officer, Visakhapatnam addressed a letter, dated 06.02.2017, to the learned Advocate General indicating the steps taken for rehabilitation of the people affected by the Project. As per the instructions submitted to the learned Advocate General, the villagers were allowed to continue fishing activity till commencement of construction activity in Port area. The Government was committed to provide the best R&R package and good facilities for all the villagers of Dibbapalem village. It is further stated as follows (paras 10 to 13)
10. As per the Survey/enumeration conducted, 1126 members/families are to be provided housing. The required lands for these members have already been identified at Dayalnagar of Pedagantyada Mandal and Srinagar of Gajuwaka Mandal and these are very prime and also very nearer to the existing place. The value of the lands earmarked is Rs.4,000/- per sq. yd at that time (2005). Every member who is going to be rehabilitated is getting a plot of 160 sq.yds. The District Administration has finalized the above two R&R colonies with the consent of Dibbapalem villagers and they have satisfied with the location of R&R colony.
11. The District Administration has already finalized tenders worth Rs.6.12 crores for providing internal roads, drains, water supply, power supply, school, health, Kalyana Mandapam facilities in the above two R&R colonies and the works relating to
formation of internal roads, drains, water supply, erection of electricity poles/lines for power supply, etc were already completed.
12. In this regard, in view of relocation of Dibbapalem (v), livelihoods of some villagers particularly those who depend on fishing will be affected. The District Administration has prepared a comprehensive economic package for sustainable livelihoods of each and every family whose livelihood is affected by relocation of the village. The District Administration has also negotiated with Gangavaram Port Project authorities for creating employment to educated unemployed youth as per their eligibility and to engage the illiterate people for labour force during construction and operation phase. The comprehensive package includes giving training in various fields for different age group people as per their interest and providing supportive tools/kits to take up self employment. It is also decided to impart training to workmen and provide revolving fund. The maintenance allowance will be given to all facilities in view of relocation of the village. The details of comprehensive R&R package is given below:
Sl.No.
Particulars (in Rs.) Physical Total (Rs.in lakhs) Productive Asset Grant (PAG) 15,000 168.90 PAG to major children 15,000 11.25 Special grant to fishermen boats 15,000 12.00 Economic Assistance a) Maintenance allowance b) Cattle maintenance allowance 4,500 1,200 50.67 3.60 Vocational training grant 10,000 112.60 DWCRA groups 15,000 7.50 Housing Grant/WSHP house 15,000 168.90 Compensation to houses 500.00 Amount for creating infrastructure 600.12 Project monitoring expenses 10.00 Other expenses 10.00 Total 1694.04
13. Thereafter, the required requisitions for acquisition of land Acs.9.05 cents covered by Survey No.263 of Dibbapalem, H/o Pedagatyada (v) were filed by the Director of Ports, Kakinada, for providing back up area to the Gangavaram Port. The L.A.proceedings were initiated as per the L.A.Act and acquired the said land. The Gangavaram Port was also established and running presently and providing ship transport with export/import operations. The R&R package was also provided to all the beneficiaries.
In view of the above statements, the learned counsel for the petitioners submits that if any grievance still remains, the petitioners would take appropriate steps in accordance with law and the present proceedings can be closed on the basis of the instructions issued to the learned Advocate General.
Recording the above instructions and the submissions of the learned counsel for the petitioners, the writ petition is closed. Miscellaneous petitions, if any pending, in this writ petition, shall stand closed.
__________________________ A.RAMALINGESWARA RAO, J 07.06.2017 pln