The Court dismissed a writ petition challenging the acquisition notification. The Court held that regarding compensation and objections to land classification as a road, an early challenge is premature before the declaration is issued.
Writ Petition dismissed; petitioner to avail remedies upon issuance of declaration.
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.39961 OF 2018
Date: 16.11.2018
Between:
Uppala Kanakamma, w/o. late Balakrishna Rao, Aged 65 years, r/o.Ramannagudem village, Buttaigudem Mandal, West Godavari district.
…..Petitioner
and
The State of Andhra Pradesh, rep.by its Prl.Secretary, Irrigation and Command Area Development Dept., Secretariat, Velagapudi, Amaravathi, Guntur district and others.
…..Respondents
The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.39961 OF 2018
ORDER:
Preliminary Notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act, 2013) was issued on 19.08.2018 for acquisition of land of petitioner including several other properties. Petitioner is concerned with the properties listed at Sl.Nos.32 and 33. Petitioner’s grievance is confined to property shown at Sl.No.32. The land in Sl.No.32 deals with Sy.No.17/1A of Ramannagudem village comprising of 37 cents. According to petitioner, said property belongs to her, whereas respondents are treating the said property as public road and depriving payment of compensation. Petitioner filed objections on 23.10.2018 informing the competent authority that the land belongs to her and is not a public road. This writ petition is filed alleging that respondents are not considering the representation submitted by the petitioner.
Date: 16.11.2018 kkm
___________________________ JUSTICE P.NAVEEN RAO
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.39961 OF 2018
Date: 16.11.2018
kkm
2 issues framed by the court
Whether the complaint that the competent authority did not consider the petitioner's objections before issuance of declaration is premature.
Whether the writ petition should be dismissed without noting the objections filed by the petitioner.
2 provisions across 1 enactments
Uppala Kanakamma
The State of Andhra Pradesh
P. Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
