Disposed

Paturu Vemula Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC25 Aug 2021WP/2467/2021

Case brief

AI extract

What is this about?

This order in a writ petition under Article 226 directs the fourth respondent (Special Deputy Collector, Land Acquisition) to take appropriate action on petitioners' representation for compensation regarding submerged land resumed in 2009 but unpaid, within eight weeks.

What did the court decide?

Directing the fourth respondent to take appropriate action on the petitioners' representation for payment of compensation within eight weeks from the date of receipt of the order.

Paturu Vemula Reddy Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.2467 OF 2021

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ORDER :

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This writ petition is filed under Article 226 of the Constitution

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of India seeking the following relief:

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“to issue a Writ of mandamus declaring the action of the respondents in not paying the compensation to our submerged lands covered by Sy.Nos. 398, 399, 400, 377, 340/1-A, 364, 390, and 397 is as illegal arbitrary highhanded and violation of Article 300-A of the constitution of India though possession of the land was taken in the year 2009 and consequently direct the respondents to pay the compensation under the provision of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 to the submerged lands of the petitioners covered by Sy.Nos. 398, 399, 400, 377, 340/1-A, 364, 390, and 397 pursuant to the proceedings dated 03.3.2020 and 12.06.2020 issued by the respondents 4 and 5 ”

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The brief facts of the facts are as follows:

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The petitioners claimed compensation to their submerged land of different extents in Sy.Nos. 398, 399, 400, 377, 340/1-A, 364, 390, and 397 situated at Bandarupalli village, Vontimetta Mandal, which were resumed by the fourth respondent on 25.11.2009. However, after taking possession of the property by the fourth respondent, no compensation amount was paid to these petitioners and thereupon, the petitioners made a representation on 08.07.2013 for payment of compensation. Pursuant to the representation of the petitioners, the fourth respondent addressed letter to the sixth respondent on 16.07.2013 to submit report about the land possessed by the petitioners covered by Sy.Nos. 398, 399, 400, 377, 340/1-A, 364, 390, and 397.

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As the fourth respondent did not take any steps on the representation dated 15.10.2019 and the petitioners made another representation on 09.09.2019 to the second respondent for payment of compensation. Pursuant to the representation of the petitioners dated 09.09.2019, the fourth respondent addressed a letter dated

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MSM,J WP_2467_2021

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03.03.2020 to the firth respondent stating that, during the year 2009, the land of the petitioners was submerged under backwater of Somasila project and also stated that, during enquiry, it was revealed that the land of these petitioners was notified as Assessed Waste Lands and land was resumed to the Government. Hence, the inaction of the respondents is now questioned in the present writ petition seeking a direction to dispose of the representations of these petitioners in accordance with law.

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During hearing, learned Assistant Government Pleader for Land Acquisition drawn attention of this Court to Paragraph No.7 of the writ affidavit and requested to direct the fourth respondent/Special Deputy Collector, Land Acquisition to take appropriate action on the representation of these petitioners in pursuance of the letter addressed by third respondent to fourth respondent dated 21.10.2020. in accordance with law, within permissible time.

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Sri S. Lakshminarayana Reddy, learned counsel for the petitioners also requested to pass appropriate order based on the facts and circumstance of the case.

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In view of the submission made by the learned Assistant Government Pleader for Land Acquisition, no further adjudication on merits is required and keeping the petition/representation pending without taking any action for payment of compensation is nothing but an arbitrary exercise of power by the fourth respondent.

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Hence, I find that, it is a fit case to issue a direction to the fourth respondent to take appropriate action on the representation of these petitioners for payment of compensation, keeping in view the letter addressed by third respondent to fourth respondent dated

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21.10.2020, in accordance with law, within eight (08) weeks from the date of receipt of copy of this order.

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With the above direction, writ petition is disposed of, at the stage of admission itself and with the consent of both the counsel. No costs.

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Consequently miscellaneous petitions pending, if any, shall

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also stand closed.

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