N.Nagaraju v. The State of Andhra Pradesh
Case brief
What is this about?
The court directed the respondent authorities not to dispossess the petitioner from specified lands in Anantapuram District without adhering to the procedure mandated by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
What did the court decide?
Direction not to dispossess petitioners from subject lands without following the procedure for acquiring lands under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
What the court decided
HON’ BLE SRI JUSTICE SURESH KUMAR KAIT
Writ Petition No.30093 of 2016
ORDER:
Vide present writ petition, the petitioner seeks a direction, thereby directing the respondent-authorities not to acquire the lands in an extent of Ac.5.00 in Sy.No.279-2 of Janthuluru Village, Bukka Raya Samudram Mandal, Anantapuram District, even without following the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Learned Government Pleader for Revenue, representing respondents 2 and 3, on advance notice, got instructions and has assured this court that without due process of law, the possession of the petitioner in the lands mentioned above, will not be disturbed.
- In view of the averments made in the writ petition and the statement of the learned Government Pleader for Revenue, I hereby direct the respondents not to dispossess the petitioners from the subject lands, without adopting the procedure for acquiring the lands under Act 30 of 2013.
- With the above direction, the writ petition is disposed of. No order as to costs. Pending miscellaneous petitions, if any, in this petition, shall stand closed.
_____________________ SURESH KUMAR KAIT, J
Issues for consideration
1 issue framed by the court
Whether the respondent authorities can acquire lands without following the procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201
Parties & counsel
- petitioner
Petitioner
- respondent
Respondents 2 and 3
Coram
Suresh Kumar Kait
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · September
- Registered
- Case no.
- WP/30093/2016
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