High Court for State of TelanganaWP/36670/2016disposed of no costs

K. Saraswathamma W/O. Late K. Sankaranna, v. The State Of Andhra Pradesh

2016-10-28Challa Kodanda Ram3 pages

THE HONB'E SRI JUSTICE CHALLA KONDANDA RAM WRIT PETITION No.36670 OF 2016 ORDER:

The writ petition is filed challenging the action of the respondents in taking steps to lay the road in the petitioner's land in Sy.No.58 over an extent of 20 cents situated at Kaakkalapalli Village, Ananthapur District without issuing any notice or without following the due process of law under the Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act 30 of 2013 (for short, "the Act").

It is the case of the petitioner that she is the absolute owner and possessor of the above said land since the date of purchase. While things stood thus, on 21.10.2016, the officials of the 2nd respondent came to property of the petitioner and made measurements to lay the road even without issuing any notice as per the provisions of the Act.

Learned counsel for the petitioner submits that the respondents-authorities are making hectic efforts to lay the road in the land of the petitioner even without following the due process of law.

Learned Government Pleader for Municipal Administration submits that the allegations made by the petitioner are false. If really the land of the petitioner is required, the respondents-authorities would follow the due process of law and appropriate steps would be taken in accordance with law.

In the light of the submissions made by the respective counsel and in view of the admitted facts of the case that the petitioner is in possession and enjoyment of her property, her possession shall not be

interfered with by the respondents-authorities without following the due process of law as enjoined whether under the Land Acquisition, Rehabilitation and Resettlement Act, 2013 or in any other law. Accordingly, the writ petition is disposed of directing the respondents not to interfere with the possession and enjoyment of the petitioner except following the due process of law. No order as to costs.

As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand disposed of as infructuous. ___________________________ CHALL KODANDA RAM,J Date:28.10.2016 Gk.

THE HONB'E SRI JUSTICE CHALLA KONDANDA RAM WRIT PETITION No.36670 OF 2016 Date:28.10.2016.

Gk.