Yallamanchili Harika v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.6481 of 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "to issue writ of Mandamus to declare the action of the Respondents without issuing any acquisition proceedings against the petitioner's land in Survey No.66/1, extent Ac.13.95 Cents demarcated to acquire the land for the purpose of Chintalagudi Left Irrigation Canal which leads from Polavaram Project in F.No.C1/500/2016 dated 28-11-2016 as is illegal, arbitrary, in violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of the Constitution of India besides in violation of Land Acquisition Act, 2013, consequently direct the Respondents to pay compensation for the entire land of Ac.13.95 Cents in Sy.No.66/1 of Mottanavedu village, Peddavegi Mandal, West Godavari District as per the Act 30 of the Land Acquisition Act."

Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition for respondents. The State Government issued a notification vide reference No.C1/500/2016, dated 28-11-2016 under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013)

proposing to acquire certain lands including the land in Sy.No.66/1 of Mottanaveedu village, Pedavegi Mandal, West Godavari District.

Learned counsel for the petitioner submits that the petitioner herein submitted objections on 17-02-2017 to the said notification.

When the matter is taken up, learned Government Pleader for Land Acquisition submits that the said objections dated 17-02-2017 may be directed to be considered by the respondents, as per law. The said proposal is agreed upon by learned counsel for the petitioner.

In view of the above, the writ petition is disposed of, directing the respondents to consider the objections, dated 17-02-2017 said to have been submitted by the petitioner herein, in accordance with law, and take appropriate further action. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.

___________________ A.V. SESHA SAI, J February 23, 2017 PN

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.6481 of 2017 February 23, 2017 PN