High Court for State of TelanganaWP/20095/2012disposed of no costs

Ankenpally Nirvasithula Welfare Association Rep By Its v. The Government Of A.P Rep By Its Secretary Irrigation And

2016-09-20Challa Kodanda Ram3 pages

THE HONB'E SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.20095 OF 2012 ORDER:

The petitioner, which comprises persons whose lands and structures were acquired due to submergence under Priyadarshini Jurala Project, filed the present Writ Petition seeking implementation of G.O.Ms.No.68, Irrigation & CAD (Project WingLA IV-R&R) Department, dated 8-4-2005. At the hearing, the learned Government Pleader for Land Acquisition, on instructions, submitted that the structures belonging to the members of the petitioner-Assocation were acquired under the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") on 6-8-2009 and declaration issued under Section 6 of the Act on 27-9-2009; and that, as such, the members of the petitioner are covered by the said G.O. The learned Assistant Government Pleader, however, stated that resettlement and rehabilitation scheme under the said G.O., is not automatic and the criteria laid down therein shall be applied for complying the said scheme.

Having regard to the fact that the acquisition of the structures has taken place subsequent to the issuance of G.O.Ms.No.68, dated 8-4-2005, the members of the petitionerAssociation are entitled to be considered for the benefits under the said G.O., if they satisfy the criteria laid down therein. Accordingly, the respondents are directed to consider the claim of the petitionerAssociation for implementation of the scheme under G.O.Ms.No.68,

dated 8-4-2005, to its members and take a decision in terms thereof, subject to the eligibility criteria within a period of two months from the date of receipt of copy of this order. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition, shall stand closed.

____________________________ CHALLA KODANDA RAM,J Date:20.09.2016, Gk.

THE HONB'E SRI JUSTICE CHALLA KONDANDA RAM WRIT PETITION No.20095 OF 2012 Date:20.09.2016.