K. Chakrapani v. The District Collector

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WP Nos.3404 of 2009 & 27324 of 2008 COMMON ORDER Both the writ petitions are disposed of by this common order as they were filed challenging the notification issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short 'the Act'), dated 31.5.2008 and declaration under Section 6 of the Act, dated 17.09.2008.

While admitting the writ petitions, this Court granted interim stay on 16.12.2008 in WP No.27324 of 2008 & on 20.02.2009 in WP No.3404 of 2009.

It is submitted by the learned counsel appearing for the petitioners as well as learned Government Pleader that an Award was passed on 22.02.2009, but no compensation was paid to the petitioners and the land is in possession of the petitioners only. The petitioners in W.P.No.27324 of 2008 claim title to an extent of Ac.62.90 cents in different survey numbers, whereas the petitioner in W.P.No.3404 of 2009 is claiming title over small extents of Ac.1-00 cents in Sy.No.666 and Ac.0.25 cents in Sy.No.665 of P.Chintakunta Village, Allagadda Mandal, Kurnool District.

In view of the fact that the Award was already passed, but no compensation was paid and possession was not taken, the notification issued under Section 4 (1) and declaration under

Section 6 of the Act, insofar as the land of the petitioners is concerned, stood lapsed by virtue of operation of the provisions of Act 30/2013.

Accordingly, both the Writ Petitions are disposed of. No costs.

Miscellaneous petitions, if any, pending shall stand closed. ___________________________________ JUSTICE A.RAMALINGESWARA RAO 4th November, 2016 rkk