Thadipathri Venkata Subbareddy, Vs The State of Andhra Pradesh

THADIPATHRI VENKATA SUBBAREDDY,, S/O LATE NARAYANA REDDY, AGED ABOUT 37 YEARS, OCC. AGRICULTURE, R/O VARADAYAPALLI VILLAGE, MYDUKUR MANDAL, YSR KADAPA DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REVENUE (LAND ACQUISITION) DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, REP. BY ITS PRINCIPAL SECRETARY.

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THE DISTRICT COLLECTOR, YSR KADAPA, YSR KADAPA DISTRICT.

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THE JOINT COLLECTOR, YSR KADAPA, YSR KADAPA DISTRICT.

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THE REVENUE DIVISIONAL OFFICER, BADWEL DIVISION, YSR KADAPA DISTRICT.

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THE TAHSILDAR, MYDUKUR MANDAL, YSR KADAPA DISTRICT.

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UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, SHRAM SHAKTI BHAVAN, NEW DELHI.

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THE NATIONAL HIGH AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, HEAD OFFICE, G-5 AND 6, SECTOR-10, DWARKA, NEW DELHI-110075.

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THE NATIONAL HIGH AUTHORITY OF INDIA, REP. BY ITS DIRECTOR, REGIONAL OFFICE, PLOT NO.21, TEACHERS COLONY, GURUNANAK NAGAR ROAD, VIJAYAWADA-52008.

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THE NATIONAL HIGH AUTHORITY OF INDIA, REP. BY ITS

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2

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PROJECT DIRECTOR, YSR KADAPA, YSR KADAPA DISTRICT

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 to 9 in trying to dispossess the petitioner from the agriculture land in Sy.No.485 to an extent of Ac.0.32 cents situated at Nandyalampeta Revenue Village, Mydukur Mandal, YSR Kadapa District, without issuing any notice to the petitioner, without following the due process of law, without paying compensation to the petitioner, is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and also in violation of Articles 14 and 300-A of the Constitution of India, apart from violation of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondent No.2 to 9 not to dispossess the petitioner from the agriculture land in Sy.No.485 to an extent of Ac.0.32 cents situated at Nandyalampeta Revenue Village, Mydukur Mandal, YSR Kadapa District, to issue notice to the petitioner, and to follow the due process of law.

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Counsel for the Petitioner:

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1.AKKEM SRIHARIVIRAT

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Counsel for the Respondent(S):

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1.GP FOR LAND ACQUISITION

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2.GP FOR REVENUE

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3.S S VARMA (SC FOR NHAI)

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The Court made the following:

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ORDER:

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The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

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"…..to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 9 in trying to dispossess the petitioner from the agriculture land in Sy.No.485 to an extent of Ac.0.32 cents situated at Nandyalampeta Revenue Village, Mydukur Mandal, YSR Kadapa District, without issuing any notice to the petitioner, without following the due process of law, without paying compensation to the petitioner, is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and also in violation of Articles 14 and 300-A of the Constitution of India, apart from violation of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondent No.2 to 9 not to dispossess the petitioner from the agriculture land in Sy.No.485 to an extent of Ac.0.32 cents situated at Nandyalampeta Revenue Village, Mydukur Mandal, YSR Kadapa District, to issue notice to the petitioner, and to follow the due process of law and pass such other orders…"

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Precisely, the present Writ Petition is filed to direct the respondents to pay compensation to the land of an extent of Ac.0.21 cents in Sy.No.485 situated at Nandyalampeta Revenue Village, Mydukur Mandal, YSR Kadapa District.

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The respondents 6 to 9 have filed their counter and in paragraph No.7, it is stated as follows:

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"It is further submitted that, out of 0.63 cents of land in Sy.No.485 of Nandyalampeta village, an extent of 0.40 cents has been acquired for the subject project by the CALA

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and Land compensation amount was disbursed by the CALA for an extent of 0.19 cents and the remaining compensation amount for 0.21 cents is lying with the CALA. The petitioner is at liberty to claim compensation amount from CALA after producing the title in his favour."

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Therefore, in view of the above paragraph in the counter affidavit filed by the respondents 6 to 9, the petitioner herein is hereby directed to approach the competent authority/Land Acquisition (CALA) with relevant documents and, on approaching the competent authority, the 3^rd respondent is directed to examine the records furnished by the petitioner and if the petitioner is entitled for compensation, the 3^rd respondent is directed to disburse the compensation amount deposited by the respondents 6 to 9.

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