Yarlagadda Gopala Brahma Rao, v. National Highways Authority Of India,

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.22268 OF 2016 ORDER:

This Writ Petition is filed seeking to declare the action of respondents in contemplating to demolish the petitioner's RCC building admeasuring 410.50 Square Meters covered by R.S.No.94/1B situated at Gosala Revenue Village, Penamaluru Mandal, Krishna District, without passing supplementary Award, as illegal and arbitrary.

The case of the petitioner is that the land admeasuring 465 Square Meters covered by R.S.No.94/1B situated at Gosala Revenue Village, Penamaluru Mandal, Krishna District, belonging to him was acquired and compensation has been paid. So far as structures on the said land are concerned, no compensation is paid. Therefore, the petitioner made a representation. Basing on the same, respondent No.3 - Revenue Divisional Officer, Vijayawada, issued proceedings, dated 13.03.2013, requesting respondent No.4 - Tahsildar, Penamaluru, to enquire into the matter and submit a detailed report. Pursuant to the same, respondent No.4 submitted report, dated 13.01.2016, to the Sub-Collector, Vijayawada, but in spite of the same, no compensation is paid yet. As such, petitioner made another representation, dated

08.06.2016, requesting the concerned authorities not to demolish the structures without passing any supplementary Award. In spite of the same, the respondents are contemplating to demolish the structures. Hence, the present Writ Petition is filed.

Heard learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondent Nos.2 to 4, learned Government Pleader for Roads and Building appearing for respondent No.5 and Sri S.S.Varma, learned Standing Counsel appearing for respondent Nos.1 and 6.

In view of the above facts and circumstances, respondent No.3 is directed to consider the representation of the petitioner in the light of the report, dated 13.01.2016, submitted by respondent No.4 and dispose of the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order. However, before taking possession of property, value of the structures may be estimated.

Subject to the above, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed. No costs.

__________________________ A. RAJASHEKER REDDY, J July 14, 2016

MD