Sankuratri Prabhavati. v. Union Of India,
THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.15076 OF 2017 ORDER:
This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: "to issue a Writ, order or direction one in the nature of Writ of Mandamas declaring the action of the Respondents in not paying the compensation to the petitioner herein in pursuance of the Land Acquisition Notification dated.29.05.
2015, interms of the National Highways Act, 1956 and trying to dispossess the petitioner without following the procedure and also deducting TDS as illegal, arbitrary, unjust and against the procedure contemplated under The National Highways Act, 1956, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Act, 2013 and also violation of Article 14,19, 21 and 300 (A) of Constitution of India and consequently direct the respondents to pay total compensation without deducting TDS for the total land acquired by taking into consideration the market value as per the Provisions and Schedules (Market Value X Multiplying Factor 2.
00) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Act, 2013 including other benefits like R.R.Scheme (i.e, Second Schedule Sl.Nos.6 & 10) etc., by directing them to pay compensation forthwith." 2.
Heard the learned counsel appearing for the petitioner and learned Government Pleader for Land Acquisition appearing for the respondents.
3.
It is submitted by learned counsel for the petitioner that no Award has been passed so far in respect of the subject property. It is further submitted that for redressal of grievance of the petitioner, the petitioner herein submitted representations on
23.02.2017 and 27.03.2017 respectively, but no action has been taken on the said representations so far.
4.
Since the representations said to have been submitted by the petitioner are pending consideration before the respondent authorities, this Court deems it appropriate to direct the respondents herein to take appropriate action on the said representations and take appropriate action thereon, in accordance with law.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. __________________ A.V.SESHA SAI, J APRIL 25, 2017 YVL
THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.15076 OF 2017 Date: 25.04.2017 YVL