S.Someshwar Rao, Karimnagar Dist. v. K. Shashanka, I.A.S., Karimnagar Dist.

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No. 1188 OF 2017 O R D E R :

The Contempt Case is filed for the alleged flouting of the order dated 20.07.2012 in Writ Petition No. 17904 of 2012, whereby the 2nd respondent Corporation therein was directed to take expeditious action to pay the legitimate compensation due to the petitioner in accordance with law in respect of his land consumed in the road formation, at any rate, within 90 days from the date of communication of the said order.

Pursuant to the notice issued by this Court in the Contempt Case on 30.06.2017, the respondent filed a counter-affidavit stating that the proceedings were initiated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and an Award was also passed with respect to 64.70 square yards of land. Today, learned counsel for the respondent has produced a copy of the Award dated 08.08.2016, a copy of which has also been made available to the learned counsel for the petitioner. While the claim of the petitioner is with respect to 111 square yards, the Award is confined to 64.70 square yards. However, inasmuch as there is an effective alternative remedy available to the petitioner, as to the balance of the land, which is alleged to have been acquired, the Contempt Case is closed, leaving it open to the petitioner to work out the remedies available under the 2013 Act, particularly Section 64.

___________________________ CHALLA KODANDA RAM, J 19th September 2018 Issue CC in two days.

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