Disposed

Kottapalli.Prabhavathi, v. The State of Andhra Pradesh

Andhra Pradesh HC6 Apr 2021WP/5662/2021

Case brief

AI extract

What is this about?

The Writ Petition challenging incorrect calculation of land for compensation was disposed of. The Court directed the petitioner to file an application before the Arbitrator under Section 3H 5 of the National Highways Act and RFR&RA 2013 within two weeks, and instructed the Arbitrator to decide within six weeks.

What did the court decide?

Directed the petitioner to file an application under Section 3H 5 of the National Highways Act, 1956 before the Arbitrator within two weeks.

Kottapalli.Prabhavathi, Vs The State… — Public Procurement and Tenders | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE BATTU DEVANAND Writ Petition No.5662 of 2021

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ORDER:

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Heard learned counsel for the petitioners and the learned Government Pleader for Roads and Building appearing for the respondents and perused the material available on record.

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Though several grounds are raised in this Writ Petition to put forth the grievances of the petitioners by their counsel, the main grievance of the petitioner is that the Revenue Authorities failed to calculate the land of the petitioners correctly while determining the compensation to be paid to the petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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03. Learned Government Pleader brought to the notice of this Court that as per the calculation made by the Revenue Authorities, the competent authority determined the compensation for which the petitioners are entitled and the same was credited to the bank accounts of the petitioners.

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04. Learned Government Pleader fairly submits that if there is any dispute with regard to calculation of the land by the Revenue Authorities, the petitioners are entitled to approach the Arbitrator by filing appropriate application under Section 3H 5 of the National Highways Act, 1956.

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05. Having heard the submissions of both counsel, in the opinion of this Court, interest of justice would be met by directing the petitioners to file appropriate application under Section 3H 5 of the National Highways Act, 1956 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of Two weeks from today before the Arbitrator/respondent No.2 raising their grievances with regard to wrong calculation of the land of the petitioners by the Revenue Authorities and with regard to the injustice caused to the petitioners in determining the fair compensation. On receipt of such application filed by the petitioner, the arbitrator/respondent No.2 shall consider and dispose of the same in accordance with the provisions of the National Highway’s Act, 1956 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of Six (06) weeks.

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06. Accordingly, the Writ Petition is disposed of.

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As a sequel thereto, miscellaneous Petitions, if any pending, shall stand closed.

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JUSTICE BATTU DEVANAND Date: 06-04-2021

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Note: Issue C.C by 07-04-2021 B/o eha

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THE HON’BLE SRI JUSTICE BATTU DEVANAND

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Writ Petition No.5662 of 2021

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Dt. 06-04-2021

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eha

Kottapalli.Prabhavathi, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kottapalli.Prabhavathi, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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