Smt. Gangarapu Usha Devi v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.16027 of 2018 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration appearing for respondent No.1 and Sri Md. Saleem, learned Standing Counsel appearing for respondent No.2. This writ petition challenges the action of respondent No.2 in not releasing compensation in favour of the petitioner herein in respect of the land admeasuring Ac.0.26 cents in Sy.No.488 of Bandamida Kammapalle Village, Madanapalle Mandal, Chittoor District, now within the limits of Madanapalle Municipality, as highly illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. According to the petitioner, respondent No.2 Municipality acquired the above said land belonging to her husband for laying CC road passing through their land.

The counter affidavit deposed by the Commissioner of Madanapalle Municipality is filed. Paragraph '5' of the said counter reads as under: " In reply to Para Nos.3 & 8. It is humbly submitted that this Respondent Municipality has been taking necessary steps to pay the Compensation to the petitioner. It is further humbly submitted that this respondent municipality has been received representation from the Petitioner through the Government Peshi and immediately after receipt of the representation, this Respondent municipality addressed a letter to the 4th Respondent herein vide Letter in Roc. A/ 30/ 2018 dt: 21.02.2018 requesting to clarify the classification of land and Ownership and 4th Respondent sent information vide letter in Roc. A/ 30/ 2018 dated 21.02.2018 received by this Respondent on 20.06.2018.

It is humbly submit that there is no negligence on the part of this Respondent in taking steps to pay compensation to the petitioner as per the law and procedure contemplated under the Act.

of Ac.0.26 cents situated in Survey No.488 of BK Palle Revenue village, Madanapalle Mandal, where this Respondent i.e. Madanapalle Municipality laid CC Road at about 6 years back basing on the representation of the vicinity people for public purpose as per the law and procedure, for which it humbly submit that it takes considerable time."

Having regard to the contents of the above said paragraph of the counter affidavit, this Writ Petition is disposed of, directing the respondents herein to complete the process of payment of compensation to the petitioner herein in respect of the above said land within a period of four months from the date of receipt of a copy of this order. No order as to costs.

Miscellaneous petitions, if any, shall also stand disposed of. ____________________ JUSTICE A.V.SESHA SAI 02.07.2018 v v