M.Nageeiwara Rao v. The State Of A.P. Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.21398 OF 2016 ORDER:

The case of the petitioners is that their lands were acquired for the purpose of construction of main canal under Chintalapudi Lift Irrigation Scheme, Indira Sagar Project, which is known as Polavaram Project and though an award was passed on 13.10.2015, no amount of compensation was paid to them. Aggrieved by the same, the petitioners filed this Writ Petition.

Learned Assistant Government Pleader for Land Acquisition has produced the written instructions issued by the Special Deputy Collector, (L.A.), PIPRMC Unit-I, Kovvur, wherein it is stated as under: "As the land owners have not come forward for award enquiry, the names mentioned in the declaration were adopted in the apportionment and amount also awarded in their names only. However, detailed cross check will be made for payment of compensation to the right persons at the time of payment of compensation. In the circumstances submitted above, the Form IX Award statement including values of trees (Forest and Horticulture) for an extent of Acs.77.85 cents, in Form IX under Sections 23 & 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 30 of 2013 submitted to the Special Corrector (LA), Polavaram Irrigation Project, Rajamahendravaram and accordingly the Special Collector (LA) has approved the Draft Award so as to enable me to pass regular Award u/Ss.23 and 30 of the New L.A. Act 2013.

I finally submit that the compensation will be paid to the land owners who were involved in acquisition when they have come forward to prove their title over the land."

In view of the above, the Writ Petition is disposed of directing the 3rd and 4th respondents to take necessary action for payment of

compensation to the petitioners in terms of the award dated 13.10.2015 after the land owners comply with the conditions thereof within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A. RAJASHEKER REDDY, J Date:27.07.2016 KH