IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32703 of 2014 Between:
Chalasani Rama Koteswara Rao, S/o. Subba Rao, Hindu, Aged 54 years, Occ: Agriculture, R/o. Edupugallu Village, Kankipadu Mandal, Krishna District, Vijayawada, State of Andhra Pradesh.
.. Petitioner AND Government of India and The Ministry of Shipping, Road Transport and High ways, New Delhi & 4 others ..
Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32703 of 2014 ORDER:
For the purpose of widening of National Highway No.9 from Vijayawada to Machilipatnam, the land of the petitioner to an extent of Ac. 0.14 ½ cents in R.S.No.334/3A1, situated in National Highway – 9, in Edupugallu Village, Kankipadu Mandal, Krishna District, is also given under such acquisition. Award was passed on 07.08.2013 for acquiring the land to an extent of Ac. 0.14 ½ cents. The petitioner participated in the award enquiry and produced relevant documents in support of his claim that he is the owner of the property and he is entitled to receive the compensation. At that stage, Sri Chalasani Babu Rao (5th respondent) also filed objection before the Land Acquisition Officer and informed the Land Acquisition Officer that a Court case is pending on the said property. Having regard to the said objection raised, the issue regarding apportionment of compensation and disbursement is yet to be decided. Subsequently, the petitioner appeared before the Land Acquisition Officer and informed the Land Acquisition Officer that the claim of the 5th respondent is not valid and that no litigation is pending concerning the land in Survey No.334/3A1 and unnecessarily an objection is entertained and the compensation payable to him is delayed. Having regard to the further representation of the petitioner, notice in R.C.B3/3428/2010, dated 26.03.2014, was issued from the Office of the Sub-Collector, Vijayawada, to the 5th respondent calling upon him to place before the Land Acquisition Officer the relevant material in support of his contention that the subject matter of acquisition in Survey No.334/3A1 was the subject matter of dispute before the civil Court and the orders passed thereon by the civil Court. The time of 10 days was granted to him to respond to the notice.
2. According to the learned counsel for the petitioner, the 5th respondent did not respond to the notice. Even though the 5th respondent did not respond and no further material is placed before the Land Acquisition Officer, the issue is kept pending and on account of the delay in deciding the issue, the entitlement of the petitioner to receive compensation is delayed causing undue hardship and suffering. The petitioner has been making several representations from time to time regarding settlement of the issue and payment of compensation to him. The last of the representations was submitted on 06.08.2014. According to the learned counsel for the petitioner, so far no orders are passed.
3. Having regard to the fact that no material is placed before the Land Acquisition Officer by the 5th respondent in support of his contention that the dispute is pending in the civil Court concerning the property under acquisition in spite of giving him sufficient time, the Land Acquisition Officer erred in not finalizing the issue and settling the compensation in favour of the petitioner when the petitioner has placed before him the relevant documents in support of his claim that he is the owner. Unnecessarily, the issue is dragged on. The entitlement of the petitioner to receive compensation is delayed without any justification.
4. Having regard to the peculiar facts of this case, the Writ Petition is disposed of directing the Competent Authority (Land Acquisition), Ministry of Road Transport and National High-ways-cum-Revenue Divisional Officer, Vijayawada, Krishna District (4th respondent) to finalize the issue of entitlement of compensation on land to an extent of Ac. 0.14 ½ cents in R.S.No.334/3A1, situated at Edupugallu Village, Kankipadu Mandal, Krishna District, as a consequence to the notice vide R.C.B3/3428/2010 issued on 26.03.2014. The Land Acquisition Officer shall immediately cause notice to the petitioner as well as the 5th respondent and fix a date of hearing and after giving opportunity of hearing to both parties and after considering the relevant material, he shall pass appropriate orders, as warranted by law, with reference to entitlement to receive compensation. The 4th respondent is entitled to finalize the issue even if parties do not respond or appear on the date fixed for hearing. Such exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 9th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32703 of 2014 Date: 9th December, 2014 KL