Dismissed

Pasi Appalanaidu, v. The State of Andhra Pradesh, Rep. by Principal Secretary

Andhra Pradesh HC15 Mar 2022WP/28958/2016

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging an acquisition award under the 2013 Act and seeking withdrawal under the 1894 Act. The petitioners alleged procedural failures and lack of intent to establish the proposed area. The court dismissed the petition in the interim.

What did the court decide?

Disposed of while permitting respondents to follow procedure under the 2013 Act in the event of acquiring the land if any.

Pasi Appalanaidu, Vs The State of Andhra Pradesh… — Land Acquisition | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION No.28958 of 2016

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ORDER:

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This Writ Petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“to issue a Writ of Mandamus, or any other appropriate writ, order or direction declaring that the Award No.7/93, dated 30.10.1993 passed by the Land Acquisition Officer and Revenue Divisional Officer, Vizianagaram District was lapsed under Section 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, illegal, arbitrary, violative of mandatory provisions of the Land Acquisition Act, 1894 or in alternative direct the Respondent No.1 to withdraw acquisition of the petitioners lands situated in Sy.Nos.35, 36, 37, 38, 39, 40, 41 and 42 of the Chelurvuru Village, Vizianagaram Mandal, Vizianagaram District under Section 48(1) of the Land Acquisition Act, 1894 and pass such other or further orders.”

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Therefore, the petitioners made several allegations about failure to follow the procedure under Section 24(2) of Act 2013. In the allegations made in the counter affidavit at Pg.No.16 that there is no such intention from APIIC to establish Autonagar in those lands and withdrawal proposals under Section 48(1) of the Land Acquisition Act, 1894 were already submitted to the Government and orders of the Government are awaited. If the Government/APIIC decides to establish Authonagar thereon, the procedure envisaged in the Land Acquisition, Rehabilitation & Resettlement Act, 2013 will be followed.

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Hence, Writ Petition is disposed of while permitting the respondents to follow procedure under Act 2013 in the event of acquiring the land if any. No costs.

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As a sequel, the miscellaneous applications, if any pending,

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shall stand closed.

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__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 15.03.2022 ssp

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION No.28958 of 2016