HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27270 OF 2014 Date: 19.09.2014 Between :
Jampana Rajeswari, W/o. J.Satyanarayana Raju, Aged 50 years, Occu:Housewife, R/o.86-6-20, Mantena Gardens, Rajahmundry, East Godavari District and another.
and The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others … Petitioners … Respondents The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27270 OF 2014 First petitioner claims to be the owner and possessor of land to an extent of Ac.1.85 cents and second petitioner is the owner of the land to an extent of Ac.0.66 cents in R.S.No.67/2 of Nandamuru Village, Tadepalligudem Mandal, West Godavari District. Notification under Section 4(1) of Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 30.12.2013 proposing to acquire the land to an extent of Ac.49.13 cents in Nandamuru village including the land of the petitioners for the purpose of improvement of Yanadurru Drain. The grievance necessitating for institution of this writ petition is that respondents have concluded 5A enquiry proceedings and passed orders on 08.08.2014 and even before the compensation determined and paid, they are seeking to take possession of the land. They have also engaged labourers for the purpose of undertaking preparatory work.
2. Learned Government Pleader produced written instructions furnished by the Revenue Divisional Officer, Eluru. Para-3 of the written instructions read as under:
“ I submit that it is not correct that the respondents have entrusted the labour for carrying out the work in the lands of the petitioners. The land was not taken possession by the respondents. The land will be taken into possession only after making of Award and payment of compensation to the land owners. The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 will be made applicable and action will be taken for passing of award as per the new L.A. Act and also as per the Rules to be framed by the Government in the matter.”
3. The above statement of the Revenue Divisional Officer, Eluru, would disclose that respondents are following the procedure as envisaged by the provisions of Act 30 of 2013 and they would not take possession unless award is passed and compensation is paid.
4. Having regard to the said statement of the Revenue Divisional Officer, the apprehension expressed by the petitioners has been answered and there is no cause for keeping the writ petition pending and writ petition is accordingly disposed of. No costs.
Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed.
JUSTICE P. NAVEEN RAO Date: 19.09.2014 Note:
Issue C.C in three days.
B/o.
Kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO
Writ Petition No.27270 OF 2014
Date: 19-09-2014 kkm