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High Court for State of TelanganaWP/40954/2017disposed of no costs

A. Venkata Subbamma, v. The State Of Andhra Pradesh,

2017-12-07A.Rajasheker Reddy6 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON Nos.14549 OF 2016 & 40954_2017 COMMON ORDER:

As the parties and issue involved in both the writ petitions are similar, they are being heard together and disposed of by way of this Common Order.

The grievance of the petitioners in both the writ petitions is that they belong to Someswarapuram village, Hamlet of Thamballagondi Village; that they were granted DKT pattas about 40 years back for the agricultural lands as they are eligible for such assignment and that they have been cultivating the said lands; that the respondents have acquired some of the lands of the petitioners for the purpose of Right bank canal Distribution Channels 54 L Minor and its 2 R - 3L sub minor cannel of Telugu Ganga Project; that though the Government has taken possession of the lands in the year 2009, no compensation was paid to the petitioners; that a Joint Inspection Team visited the subject lands, inspected the same, after verification of the trees and structures existing in the subject land, submitted report on 06.07.

that they would be paid compensation for the land, trees, structures and that they would not obstruct the excavation of the channel; that the 6th respondent through letter dated 15.12.2009 submitted the 3rd revised report duly recommending the payment of compensation to the 5th respondent and the 5th respondent collected valuation information from the Assistant Director, Horticulture Department and the Divisional Forest Officer, Kadapa. Aggrieved by the action of the respondents in not paying compensation, W.P.No.14549 of 2016 is filed.

When the matter is pending, the respondents 4 and 5 have issued notification under reference D/165/2014, dated 13.07.2017 under Section 11 (1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( fort short 'the Act 30 of 2013').

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition. The only grievance of the petitioners in these writ petitions is that since the possession was taken by the respondents in the year 2009, the respondent authorities may be directed to complete the land acquisition proceedings duly considering the objections of the petitioners as early as possible.

In view of the facts and circumstances, the respondents are directed to conclude the land acquisition proceedings after considering the objections of the petitioners and make payments to the petitioners in terms thereof, in accordance with law, within a period of six months from the date of receipt of a copy of this order.

With the above direction, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel to the disposal of these Writ Petitions, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 07-12-2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON Nos.14549 of 2016 & 40954 OF 2017 Date: 07.12.2017 kvs