Disposed

Kurva Chinna Narsappa, v. The Government of Andhra Pradesh

Telangana HC4 Dec 2009WP/22652/2009

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed to direct the respondents to redetermine the market value of dry lands and pay enhanced compensation under Section 28A of the Land Acquisition Act based on a prior decree and judgment.

What did the court decide?

The court directed the third respondent to verify particulars and process the applications under Section 28A of the Land Acquisition Act if satisfied, and disposed of the writ petition with no costs.

Kurva Chinna Narsappa, Vs The Government of Andhra Pradesh — Land Acquisition | Telangana HC (2009)

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HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.22652 of 2009 Date : 4-12-2009

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Between : Kurva Chinna Narsappa and others .. Petitioners and

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The Government of Andhra Pradesh, Rep. by its Secretary, Irrigation & CAD (PW) Department, Secretariat Hyderabad and others .. Respondents

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HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.22652 of 2009

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ORDER:

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This Court issued rule nisi on 22-10-2009.

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The Writ Petition is filed for a writ of mandamus directing the respondents to redetermine the market value of the petitioners dry lands of an extent of Ac.4-38 guntas situated in Guntipalli village, H/o. Rekulapally village, Gadwal Mandal, Mahabubnagar District under Section 28A of the Land Acquisition Act on the application made by the petitioners dated 28-2-2008 basing on the decree and Judgment dated 13-12-2007 in O.P.No.37/1997 on the file of Senior Civil Judge, Gadwal, Mahabubnagar District and pay the enhanced compensation to the petitioners forthwith along with all other statutory benefits and to pass such other suitable orders.

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The particulars of the lands owned by the respective writ petitioners had been narrated in the affidavit filed in support of the Writ Petition. It is stated that the notification under Section 4(1) of the Land Acquisition Act was issued on 16-3-1984 and after due enquiry the Land Acquisition Officer passed Award No.4/85 dated 28-3-1985 fixing meagre compensation. It is stated that the petitioners made application for obtaining certified copy of the Judgment and Decree dated 13-12-2007. Several further facts also had been narrated in the affidavit filed in support of the Writ Petition.

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No doubt it is stated that though these are covered by the same notification, the Awards are different. In this regard, it may be necessary for the 3^rd respondent to verify the same. However it is stated that these are covered by the same notification in relation to which

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O.P.No.37/1997 on the file of Senior Civil Judge, Gadwal also had been disposed of.

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In the light of the same, if the 3^rd respondent is otherwise satisfied, let these applications under Section 28-A of the Land Acquisition Act be further processed in this regard in accordance with law.

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The Writ Petition is disposed of accordingly. No costs.

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Justice P.S.Narayana

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Date : 4-12-2009

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Kurva Chinna Narsappa, v. The Government of Andhra Pradesh

Case brief

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Kurva Chinna Narsappa, v. The Government of Andhra Pradesh

Case brief

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