Ponnala Sarada, v. D. Pushpa Mani,
THE HON'BLE SRI JUSTICE A.V.SESHA SAI CONTEMPT CASE No.2172 of 2015 ORDER:
This contempt case is filed under Sections 10 to 12 of the Contempt of Courts Act alleging willful disobedience of the orders, dated 10.04.2015, passed by this Court in W.P.No.8626 of 2009. Heard Mr. M.Rupender, learned counsel for the petitioner, learned Government Pleader for Revenue for respondent Nos.1 and 3 and Mr.Nimmagadda Venkateswarlu for respondent No.2. This Court, by way of an order, dated 10.04.2015, allowed W.P.No.8626 of 2009 and the operative portion of the said order reads thus:
"For the aforesaid reasons, the writ petition is allowed, directing the respondents herein to initiate action under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pay compensation to the petitioner herein for the subject property. This exercise including payment of compensation shall be completed within a period of six (6) months from the date of receipt of a copy of this order. There shall be no order as to costs."
It is submitted by the learned counsel for the petitioner that pursuant to the orders of this Court, the Land Acquisition Officer & Sub-Collector, Narsapur passed an award vide Roc.428/2015/B (E.No.50798/2016), dated 21.09.2016, and the
Land Acquisition Officer did not properly fix the market value and the same is in violation of the orders of this Court. On the contrary, it is submitted by the learned Government Pleader for respondent Nos.1 and 3 and the learned Standing Counsel for respondent No.2-Municipality that pursuant to the award, dated 21.09.2016, passed by the Land Acquisition Officer & Sub-Collector, the petitioner received the compensation of Rs.13,26,392/-. It is further submitted that if the petitioner is aggrieved by the said quantum, it is open for her to approach appropriate authority under the provisions of Act 30 of 2013. This Court finds sufficient force in the submission made by the learned Government Pleader and the learned Standing Counsel. For the aforesaid reasons, the contempt case is dismissed and it is open for the petitioner to avail the remedy under the provisions of Act 30 of 2013 in accordance with law. The respondents stand discharged.
Consequently, Miscellaneous Petitions, if any pending in this contempt case shall stand closed. There shall be no order as to costs.
__________________ A.V.SESHA SAI, J Dt:04.11.2016.
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