Bollu Kristin Arjun Rao, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 12119, 12154 and 12169 of 2017 Common Order:
These three Writ Petitions are being disposed of by this common order, as they relate to the same relief sought by the petitioners. It is the claim of the petitioners that their lands situated in the following survey numbers were acquired for the purpose of Polavaram Project.
Sl.
No.
Name of the Pattadar/ Enjoydar Survey No.
Extent Ac.Gts Village 1.
Dasari Jogaiah (Petitioner in WP No.12119 of 2017) 6-27 Sridharaveleru village, Kukunur Mandal, West Godavari district.
2.
Bollu Krishn Arjun Rao and Bollu Srinivasa Rao (Petitioners in WP No.12154 of 2017) 93,98, 106, 111 and 135 10-13 -do3.
Bollu Krishn Arjun Rao and Bollu Srinivasa Rao (Petitioners in WP No.12169 of 2017) 7-28 -doNow, the Land Acquisition Officer, after passing the award, is trying to disburse the amount to the respondents 6 and 7. Learned counsel for the respondents 6 and 7 submits that pursuant to the orders passed by this Court in the earlier round of litigation, the objections of the petitioners were considered and an order was passed rejecting their claim. But, the learned counsel for the petitioners submits that the rights have to be determined by the competent authority constituted under Section 51 of the Land Acquisition Act and if the amount is disbursed to the respondents 6 and 7 serious prejudice would be caused to their right.
However, it came to light that though this Court granted an order of status quo, in W.P.No.12169 of 2017 the amount was already
disbursed, whereas in other two writ petitions i.e., W.P.Nos.12119 and 12154 of 2017 the amount was not disbursed.
If that is so, liberty is given to the petitioners to approach the competent authority constituted under Section 51 of the Land Acquisition Act for determining the rights of the petitioners and the respondents 6 and 7 inter se and pass appropriate orders in accordance with law determining the right to receive compensation for the lands acquired by the Government. It is needless to observe that the respondents 2 and 3 shall send the record to the competent authority for determination and the competent authority shall dispose of the claims in accordance with law, within a period of six (6) months from the date of receipt of a copy of this order, giving due opportunity to the parties. Till the determination of the claims by the competent authority, there shall be status quo with regard to disbursement of the amount covered by the awards. The Writ Petitions are, accordingly, disposed of. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions pending in these Writ Petitions, if any, shall stand closed.
____________________________ A. RAMALI NGESWARA RAO, J Date: 01.08.2017 Nsr