Komaram Sriramulu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.39800 OF 2018 Date:22.11.2018 Between:

Komaram Sriramulu, S/o. Pothu Raju, Aged 38 years, Reddyganapavaram, Buttaigudem Mandal, West Godavari District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue (Land Acquisition) Department, Secretariat, Velagapudi, Amaravathi, Guntur District and others .. Respondents This Court passed the following order:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.39800 OF 2018 ORDER:

Heard.

2.

Land acquisition proceedings are set in motion for acquiring lands for Chintalapudi Lift Irrigation Scheme. On 24.08.2018, notification under Section 21 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was issued calling upon all the interested persons to file objections on the proposed decision of the Government to take possession of the land and to settle the claims of compensation and rehabilitation. Pursuant to the notification, petitioner claimed to have filed objections before the competent authority contending that names of persons against whom the land to an extent of Acs.24.06 cents in Survey No.288/1A1 of Reddyganapavaram Village, Buttaigudem Mandal, are non-tribals and are not entitled to receive compensation and in fact L.T.R.

case is pending before the agent to Government against the claim of ownership by the unofficial respondents, whose names are reflected in the land acquisition proceedings. Alleging inaction on the objections filed by petitioner and that the respondents are taking steps to pay compensation to the ineligible persons, this Writ Petition is filed.

3.

Learned Government Pleader for Land Acquisition stated that so far no orders are passed pursuant to the notification, dated 24.08.2018, and during the process of enquiry, the objections filed

by the petitioner would be considered and appropriate decision would be made.

4.

Having regard to the said submission, the Writ Petition is disposed of directing the 2nd respondent to consider the objections filed by the petitioner, if not already considered and if no orders are passed pursuant to the notification, dated 24.08.2018. If no orders are passed so far and the competent authority prima facie finds merit in the contention of the petitioner, he shall give notice to the affected parties, afford due opportunity to them and take appropriate decision on due consideration of the respective submissions by assigning reasons in support of the decision. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.11.2018 KH