Poola Bhupathi v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 10056 of 2017 ORDER:

This writ petition is filed challenging the action of the respondents in trying to fix ex gratia amount to be paid to the petitioner in respect of Acs.5.00 of land in Survey Nos.489/4, 489/5 and 19 part of Vikruthamala Village, Yerpedu Mandal, Chittoor District for the development of Tirupati Airport, without initiating land acquisition proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. As per the endorsement, dated 31.10.2016, made by respondent No.5-Tahsildar, Yerpedu Mandal, it is clear that the entire land was taken over and it is within the compound wall constructed by the Airport Authority of India. In the endorsement, it was also stated that ex gratia amount for the entire assigned land would be considered in due course.

When the amount was not paid, the present writ petition is filed. Learned counsel for the petitioner submits that in view of the Government Orders, they are entitled for payment of market value for the assigned land, which is taken over by the Airport Authority of India.

In view of the endorsement, dated 31.10.2016, the writ petition is allowed by directing respondent Nos.2 to 5 to decide the compensation amount payable to the petitioner and pay the same, within a period of three months from the date of receipt of a copy of this order.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:06.09.2017 kdl