Smt. Murududla Satyavathi v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.34810 of 2016 ORDER :

The petitioner complains against payment of compensation to non-tribes for acquiring land in Sy.Nos.47, 145, 146 and 169 situated at Kavvaka Village, Kukkunuru Mandal, West Godavari District, without considering the claim of the petitioner as illegal, arbitrary, contrary to Act 30 of 2013 and unconstitutional. Respondent Nos.2 to 5 filed counter-affidavit and paragraphs 6 and 9 which read thus:

"6.

In reply to the averments made in para 5 of the petitioner's affidavit it is submitted that for the changes made during the regime of Telangana State the 4th respondent Tahasildar cannot do anything unless the petitioner herein produce documentary evidence to substantiate her claim. Merely on the registered notice sent by the petitioner through her counsel the authorities cannot change the names of the Pattadars and include the name of the petitioner as Pattadar without verifying the documentary evidence held by the petitioner. As regards, the contention that the 5th respondent i.e.

, Land Acquisition Officer and Sub-Collector, Kukunoor prepared the list of persons whose lands are under submergence in Polavaram Project and forwarded the list to the 2nd respondent for approval of payment, it is submitted that the proposals submitted by the 5th respondent are P.N. under Section 11(i) and Declaration u/s.19(i) of the LA Act 30 of 2013 only. They were approved and published in the manner prescribed and it is open to the petitioner to approach the 5th respondent with the documentary evidence she possessed to establish her ownership on the land as the only Legal heir of her parents.

SVB, J W.P.No.34810 of 2016 respondent is not making any payment of compensation to the land owners of Kivvaka village as contended by the petitioner. The payment of compensation will be made only after completion of award enquiry and passing of award. 9.

In reply to the averments made in para 10 of the petitioner's affidavit it is submitted that as a matter of fact the 5th respondent is not making any payment of compensation to the land owners of Kivvaka village as contended by the petitioner. The payment of compensation will be made only after completion of award enquiry and passing of award". From the above, it is clear the respondents are willing to consider the assertion of petitioner provided the petitioner substantiates her claim with evidence. As the matter relates to disbursement of compensation, without keeping the writ petition pending on the file of this court, I am satisfied the writ can be disposed of by this order.

The petitioner is given one week from today to submit/resubmit the explanation with evidence in support of her claim by enclosing a copy of this order and the 5th respondent is directed to consider the representation in accordance with law and if necessary conduct further enquiry in the presence of rival claimants and take a decision within three weeks thereafter. For a period of four weeks, the disbursement of compensation for acquiring land in Sy.Nos.47, 145, 146 and 169 situated at Kavvaka Village, Kukkunuru Mandal, West Godavari District, is stayed.

SVB, J W.P.No.34810 of 2016 5.

Accordingly, the writ petition is disposed of. 6.

Miscellaneous Petitions pending, if any, shall stand closed. No order as to costs.

_______________ S.V. BHATT, J 17th November 2016 Note:

Issue C.C. forthwith.

(b/o) mar