Allowed

Yakkanti Venkata Reddy, v. The Secretary to Government

Telangana HC13 Dec 2010WP/1700/2005

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Andhra Pradesh directed the government to invoke the Land Acquisition Act, 1894, pass an award, and pay compensation to petitioners whose land was acquired for reservoir formation. The Court held the respondents' inaction illegal.

What did the court decide?

Respondents directed to invoke the Land Acquisition Act, 1894, pass an award, and pay compensation within three months from receipt of the order.

Yakkanti Venkata Reddy, Vs The Secretary to Government — Land Acquisition | Telangana HC (2010)

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HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

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THE HONOURABLE SRI JUSTICE C.V. RAMULU

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WRIT PETITION NO. 1700 OF 2005

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Monday, the Thirteenth day of December, Two Thousand and ten

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Between:

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Yakkanti Venkata Reddy and others

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Petitioners

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AND

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The Secretary to Government Irrigation & CAD Department, Secretariat, Hyderabad and others

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Respondents

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ORAL ORDER:

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This writ petition is filed seeking a mandamus directing the respondents to pay compensation as per the provisions of the Land Acquisition Act, 1894 in pursuance of the law declared by this court as per the judgment in Land Acquisition Officer-cum-RDO Vs. Mekala Pandu (2004(2) ALT 546) by declaring the inaction on the part of the respondents as illegal and arbitrary and contrary to the rights guaranteed under Article 300-A of the Constitution

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of India.

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The facts are not in dispute. It appears that an extent of Ac.8.80 cents of land in Sy. Nos. 672/2, 676/D1A and 677/1 of Yadavalli village, Dornal Mandal, Prakasam District, was assigned in favour of one Ganta Rami Reddy on 27.4.1927. It appears that the ancestors of the petitioners purchased the same under registered document No.508/38 dated 22.5.1938 and they are in possession and enjoyment of the same till date. Even the names of the ancestors of the petitioners as wall as the petitioners are reflected in the revenue records.

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While that being so, the said land in an extent of Ac.8.80 cents was requisitioned by the Executive Engineer, Special Division, Irrigation, Markapur for formation of reservoir across the Teegaleru River near Gantavanipally, hamlet of Yadavalli village. The same has been acquired and the tank was constructed but, however, according to the petitioners, compensation as required under the Land Acquisition Act, 1894 is not paid. According to the petitioners, though it was assigned in the name of one Ganta Ramireddy on 27.4.1927, this case does not fall into the general rules of assignment for the purpose of invoking the provisions of Act 9 of 1977. Even otherwise, in the case of Mekala Pandu, this court held that even in case of assignment, the assignees are entitled for compensation on par with the private lands

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acquired under the same notification.

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Be that as it may, this case does not even fall into the framework of Mekala Pandu. This is purely a private patta land held by the petitioners. Therefore, there is no other go for the respondents except to invoke the provisions of the Land Acquisition Act, 1894 and pass appropriate award as per law and pay the compensation within a reasonable time.

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Therefore, the writ petition is allowed and in the result, the respondents are directed to invoke the provisions of the Land Acquisition Act, 1894 and take all further steps to pass an award and pay the compensation, within a period of three months from the date of receipt of this order. No order as to costs.

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_________________ Justice C.V. Ramulu

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December 13, 2010 MAS

Yakkanti Venkata Reddy, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

Yakkanti Venkata Reddy, v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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