Komati Prakash, R.R.Dist. v. Ravindar Reddy, R.R.Dist. And 5 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CONTEMPT CASE No. 538 OF 2017 O R D E R:

This contempt case is filed alleging non-implementation of the order, dated 02.08.2016, passed by this Court in W.P.No.23624 of 2016.

This Court, having found prima face case with respect to the title and ownership of the petitioner, disposed of the said Writ Petition at the admission stage with a direction to the respondent authorities not to interfere with the possession and enjoyment of the petitioner and not to carry out any work or other activities over the land in question, without following due process of law and without paying compensation as required under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In the affidavit filed in support of the contempt case, the petitioner states that the respondent authorities called the petitioner several times, however, they have not paid compensation and finally, respondent No.6 addressed a letter, dated 07.03.2017, to the petitioner stating that he requested the District Collector, Medchal Malkajgiri District to acquire the land for widening and strengthening of Shamirpet to Laxmapur road from km 0/0 to 16/0 in Survey Nos. 556, 557 and 559 of Laigadi Malakpet Village, Shameerpet Mandal, Medchal Malkajgiri

District. There was an existing BT Road of width 7.00 mts and now, it is proposed to be widened to 10.00 mts BT Road. Respondent No.2 filed a counter-affidavit stating that he has been appointed as Land Acquisition Officer and a Committee was constituted by the Collector, Medchal Malkajgiri District on 14.03.2017.

Respondent No.6, on the other hand, in his counter-affidavit, submits that as on date, the work has not been taken up and land acquisition proceedings are under process. From the above, it is clear that on mere apprehension, the petitioner filed this Contempt Case, since, as a matter of fact, there are no land acquisition proceedings initiated as on date and there is no interference with the petitioner's land by the respondent authorities.

In those circumstances, in the event of violation of orders of this Court, giving liberty to the petitioner to approach this Court, the Contempt Case is closed.

Consequently, miscellaneous applications, if any shall stand closed.

________________________ CHALLA KODANDA RAM, J Dt:27.12.2017 kdl