M. Sudha Rani v. Government Of Andhra Pradesh

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.2639 OF 2014 ORDER:

Heard Mr.T.V.S.Prabhakar Rao for petitioners and Government Pleader (Land Acquisition) for respondents. The petitioners challenge notification dated 04.01.2013 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act'), as illegal, arbitrary and unconstitutional. On 13.02.2014, this Court granted stay of dispossession of petitioners from the land under acquisition. The respondents filed petition to vacate the interim order.

Admittedly, Award is not passed. The petitioners are also not pressing the challenge to notification under Section 4 (1) of the Act. Further, the petitioners are prepared to receive compensation if awarded and paid under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30/ 2013). Government Pleader for Land Acquisition submits that since Award is not passed, the respondents are under obligation to pass an Award under Act 30/ 2013, pay compensation accordingly and take possession. The statement is placed on record.

The writ petition is, accordingly, disposed of. There shall be no order as to costs.

Consequently, pending miscellaneous petitions, if any, also stand disposed of.

____________ S.V.BHATT, J Dt.03.11.2016 Lrkm