Disposed

Danthurthi Gopala Subrahmanyam, v. State of Andhra Pradesh, and 2 Others

Telangana HC1 Nov 2018WP/8291/2008

Case brief

AI extract

What is this about?

Petitioner challenged land acquisition proceedings under the repealed 1894 Act. The Court observed that under Section 24 of the 2013 Act, the proceedings lapsed as no award was passed, possession not taken, and no compensation paid. Proceedings closed without adjudication.

What did the court decide?

The Writ Petition is closed without adjudication on merits; pending miscellaneous petitions stand closed.

Danthurthi Gopala Subrahmanyam, Vs State of Andhra… — Land Acquisition | Telangana HC (2018)

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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 8291 of 2008

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ORDER:

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In this Writ Petition, petitioner challenges the proceedings, dated 19.02.2008 issued by the second respondent - District Collector, East Godavari at Kakinada, rejecting the objections filed by him pursuant to the enquiry initiated under Section 5-A of the Land Acquisition Act, 1894 (for short ‘the Act’), with respect to the acquisition of his land admeasuring Acs.3.82 cents in Survey No.228/3 of G. Donthamuru Village, Rangampeta Mandal, East Godavari District, through notification issued under Section 4(1) of the Act.

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It is the case of the petitioner that he is a retired teacher; he is eking out livelihood by undertaking cultivation in the subject land; that there are nearly 30 to 40 coconut trees in the subject land; that he is cultivating sugarcane and he planted palm oil trees also; that the subject land is a low-lying area and not suitable for house-sites; that there is Government land to an extent of Acs.3.15 cents in R.S.No.151/1 and Acs.5.70 cents and Acs.5.00 cents in R.S.Nos.132 and 135/5 respectively, situated near to G. Donthamuru Village and more suitable for house-sites.

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CKR, J W.P.No.8291 of 2008

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A counter-affidavit is filed by the respondents asserting that

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various allegations of the petitioner setting out in detail how he is entitled for the benefits of small farmer are not correct; that the petitioner is a landlord and he has other lands in addition to the subject land; that the objections raised by the petitioner were considered and draft declaration under Section 6 of the Act was published; that the specific allegation of the petitioner that there are other lands available in the Village and are suitable for housesites is incorrect and that the Award has not been made only on account of the interim orders passed by this Court.

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Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition.

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At the outset, it is to be noted that having regard to the repealing of the Land Acquisition Act, 1894, and enacting the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, there is no requirement for this Court to advert to various factual averments mentioned in the writ affidavit as well as the counteraffidavit. It is also to be noted that in terms of Section 24 of the 2013 Act, if the land acquisition proceedings were initiated under

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CKR, J W.P.No.8291 of 2008

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the old Act, where no Award is passed/possession was not taken/compensation was not paid, such proceedings would lapse.

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In the case on hand, it is an admitted fact that no Award was passed, possession of the subject land was not taken and no compensation was paid.

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Today, learned Government Pleader for Land Acquisition produced before this Court a copy of the written instructions, dated 01.09.2017 received from the third respondent – Land Acquisition Officer-cum-Revenue Divisional Officer, Peddapuram, East Godavari District, and submits that the petitioner is in possession of the subject land and no compensation was paid and that if the subject land is still required to provide house sites to poor families, as and when instructions are received from the Government, fresh land acquisition proceedings would be initiated under the provisions of the new Act.

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In those circumstances, it is not necessary for this Court to adjudicate upon the subject matter.

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Accordingly, this Writ Petition is closed.

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CKR, J W.P.No.8291 of 2008

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Miscellaneous Petitions, if any pending shall stand closed.

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There shall be no order as to costs.

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