Nekkanti Chamcha Rao v. The State Of Andhra Pradesh Rep.By Its Principal

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.13633 OF 2007

ORDER

This writ petition is filed questioning the notification issued by the first respondent under Section 4(1) of the Land Acquisition Act vide R.O.C. No.F5/SW/114/2007/G1, dated 27.04.2007, which is contravened to the provisions of the Land Acquisition Act, 1984 and Circular Memo No.10054/LA1/2005 dated 22.04.2006 and to the provisions of A.P. Act 3 of 2006 and to set aside the same.

It is alleged by the petitioner that he is absolute owner of the land to an extent of Ac.0.35 cents in S.No.80/1 of A.Gokavaram, Ungutur Mandal, West Godavari District. The respondents, with an intention to provide house sites to the weaker sections, have acquired the lands of the petitioners, the notification which was published in the newspaper was with some discrepancy, but however the petitioner filed the above writ petition and obtained interim stay in W.P.M.P. No.17079 of 2007 dated 28.06.2007 and since then they are in possession.

Ms.Vasantha, learned Assistant Government Pleader for Revenue (A.P.) made his submissions and placed counter affidavit on record and further made his submission in the event the Government requires the land, the same will be acquired by paying compensation to the land owners according to the Land Acquisition Act and Rules.

In view of the said submission, this writ petition is disposed of directing the respondents not to dispossess the petitioners from

wp_13663_2007 TA, J - 2 - the subject land without following due process of law under the Land Acquisition Act and Rules. No costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________________ T.AMARNATH GOUD, J Dt.29.06.2018 BV