Kommareddy Rami Reddy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.31526 of 2018 ORDER:

In this writ petition, under Article 226 of the Constitution of India, the only grievance of the writ petitioners, whose lands, which according to them are small extents of lands, are acquired under the notification, dated 05.03.2018, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) for the purpose of providing house sites to land losers/property losers in Veligonda Project, is that they are landless poor persons and that, therefore, their lands are not liable for acquisition and that, on the other hand, there are Government lands available in the Village in Sy.Nos.

273, 273/1, 273/2A, 273/2B and 284 and that, as per the policy of the Government and the Government instructions, when the Government land is available, the lands of private parties, particularly persons of weaker sections, shall not be acquired and that when a representation stating their objections was made, on 05.03.2018, the same was not considered and the objections were not disposed of by the 2nd respondent by following the procedure established by law and that, therefore, the writ petition is filed.

Learned Government Pleader for Land Acquisition submits that the persons who are similarly placed as petitioners, have already filed objections and the same were disposed of and that

the petitioners also filed objections, on 05.03.2018, i.e., on the same day, and that the Land Acquisition Officer is duly considering all aspects of the matter while proceeding with the acquisition proceedings and that due procedure is being followed and that the objections of the petitioners will also be considered and disposed of in accordance with law. Having regard to the submissions, the Writ Petition is disposed of directing the 2nd respondent to consider and dispose of the representation, dated 05.03.2018, of the petitioners, in strict accordance with the procedure established by law, within four weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioners within a week thereafter. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending in this Writ Petition, if any, shall stand closed.

_____________________________ M.SEETHARAMA MURTI, J 05.09.2018 v v