Bonuboina Mastanaiah v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 4963 OF 2018 O R D E R:

This writ petition is filed seeking to declare the proceedings, dated 30.06.2016, issued by respondent No.3 in Form No.VII, as illegal and arbitrary.

The petitioners state that they are the owners of small extents of land in different survey numbers of Koneswarabatlapalli Village, Dakkili Mandal, SPSR Nellore District. Their grievance is that the respondents are proposing to acquire their lands for the purpose of construction of 4th branch canal under Telugu Ganga Project, without following due process of law. Though the learned counsel for the petitioners raised various grounds, as can be seen from the material on record, the acquisition proceedings were initiated in the year 2016 and impugned proceedings in Form No.VII under Section 19 (1) of the Right to Fair Compensation Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, (for short 'the Act') were issued on 30.06.2016.

Learned Government Pleader for Land Acquisition submits that Award No.7 of 2017-18 was passed on 16.06.2017. He further submits that 11 out of 20 land owners had also received compensation. He also submits that a notice was served on the petitioners on 17.08.2017, which is denied by the learned counsel for the petitioners.

Inasmuch as the Award has been passed, the grounds raised by the petitioners cannot be considered at this stage. In those circumstances, if the petitioners desire to challenge the Award, they may do so, in accordance with law. The writ petition is accordingly disposed of. Consequently, the miscellaneous petitions, if any shall also stand disposed of. There shall be no order as to costs. ________________________ CHALLA KODANDA RAM, J Dt:13.03.2018 kdl