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High Court for State of TelanganaWP/7331/2016dismissed no costs

B. Rajamma, v. The State Of Andhra Pradesh,

2016-03-09M.S.Ramachandra Rao2 pages

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.7331 OF 2016 O R D E R :

In this Writ Petition, petitioners contend that their lands are sought to be acquired under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act') rejecting the petitioners' objections to the said acquisition. It is further stated that respondents are threatening the petitioners and insisting them to give no objection/consent for acquisition of their lands.

2. The Government Pleader for Land Acquisition appearing for respondents 1 to 4 states that a Notification dt.03.11.2015 was issued under Section 11(1) of the Act proposing to acquire the lands of the petitioners for development of a 30 MW. Solar Project by the 5th respondent, and that the respondents have followed the procedure prescribed under the Act.

3. The material papers filed by the petitioners clearly indicate that the respondents 1 to 4 are following the procedure prescribed under the Act.

4. No doubt, the petitioners' objections for acquisition have been rejected, but reasons have been assigned for such rejection, and under Section 15(3) of the Act, this decision of the appropriate Government is final.

5. Although counsel for the petitioners contends that the compensation offered for acquiring the subject land is inadequate, since the petitioners have an effective remedy of seeking enhancement under Section 64 of the Act, there is no substance in this contention either.

6. Therefore, I do not find any merits in this Writ Petition and it is

accordingly dismissed. There shall be no order as to costs.

7. Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_____________________________ M.S.RAMACHANDRA RAO, J 09th March, 2016.

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