Nalajala Tulasamma v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.3569 of 2018 ORDER:

Challenging the action of the 3rd respondent-Land Acquisition Officer-cum-Sub-Collector-cum-Project Officer, ITDA Project, Kukkunur Village, in not considering the petitioner's representation / claim statement dated 26.12.2017, this Writ Petition is filed.

Petitioner claims that their land over an extent of Ac.10-20 guntas, situated in Sy.Nos.8/2/Aa, 13 and 13/2/Aa/1 in Kandirka Village of Kukunur Mandal, is acquired for the purpose of construction of Polavaram Irrigation Project and it is a joint family property. The petitioner has also a share over the property. However, the 5th respondent is claiming compensation exclusively and thereby, denying the share of the petitioner. In that connection the petitioner submits that she filed objections before the 3rd respondent-Land Acquisition Officer, on 26.12.2017, and the same may be considered before passing an Award. Learned Government Pleader for Land Acquisition (AP) has placed on record the instructions received from the 3rd respondentLand Acquisition Officer & Sub-Collector, Kukunoor, West Godavari.

As per the written instructions, the Award came to be passed as far back as on 29.06.2017. However, considering the rival submissions of the respective parties with respect to the land, an extent of Ac. 5-00 gts., situated in Sy.Nos.8/2/aa1, 13 and 13/2/aa/1 of Khandrika village, the compensation amount has not been disbursed and the same is kept on hold by him.

Having considered the respective submissions and in the light of the fact that as on date, Award has been made, the petitioner shall take necessary steps to resolve the family disputes and the Land Acquisition Officer shall also take necessary steps by deposting the compensation amount before the competent authority, in terms of Section 77 of the Act, to enable the parties to settle their disputes and avail the benefit of compensation amount, the petitioner shall also be entitled to take necessary steps if she is not satisfied with the compensation amount.

With the above direction, the Writ Petition is disposed of No costs.

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

_____________________________ CHALLA KODANDA RAM, J.

Date: 08.02.2018.

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