Gagineni Mohan Rao v. The State Of A.P

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.22980 of 2016 ORDER:

This writ petition is filed questioning the action of the respondents in not referring the award passed by the 2nd respondent to the reference authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act'), though they made applications on 13.06.2016 seeking reference. The case of the petitioners is that they are farmers and owners of the agricultural lands situated in various survey numbers in Nemalapuri Village, Rajupalem Mandal, Guntur District. While so, the Deputy Chief Project Manager, World Class Station Project, Secunderabad, has sent a requisition to acquire an extent of Acs.96.75 1⁄2 cents in Sy.Nos.8/2B, 9/2, 10/2, 52-7/B etc., for formation of new B.G.Line from Nadikudi to Srikalahasti.

Accordingly, preliminary notification under Section 11(1) of the new Act 30/2013 was issued and published on 10.05.2015. Therefore, award dated 07.05.2016 vide proceedings Rc.No.3360/2016-j was passed. As the petitioners were not satisfied with the quantum of compensation, they made applications on 13.06.2016 to the 3rd respondent for referring the matter under Section 64 of the Act to the authority to be constituted under Section 51 of the Act. As no orders are passed, the present Writ Petition is filed. Heard the learned counsel for the petitioners and learned Government Pleader for Land Acquisition for respondents.

In view of above facts and circumstances of the case, the 3rd respondent is directed to consider the applications dated 13.06.2016 and dispose of the same in accordance with law, within three(3) months from the date of receipt of a copy of this order, for referring the same under Section 64 of the Act to the authority to be constituted under Section 51 of the Act as already this Court directed to appoint Authority in another Writ Petition.

With the above directions and observations, this Writ Petition is disposed of. No costs.

As a sequel, miscellaneous petitions, if any, pending shall stand closed. ______________________ A.RAJASHEKER REDDY,J Date: 20-07-2016 pab