MAMIDI SUBBAMMA Vs. STATE OF A.P.
LAWS(APH)-2020-11-38
HIGH COURT OF ANDHRA PRADESH
Decided on November 25,2020

Mamidi Subbamma Appellant
VERSUS
STATE OF A.P. Respondents

JUDGEMENT

D.Ramesh,J. - (1.)Heard Sri S.Lakshminarayana Reddy, learned counsel for the petitioners, learned Government Pleader for Land Acquisition appearing for respondents 1 to 6 and Sri E.V.V.S. Ravi Kumar, counsel appearing on behalf of proposed respondent.
(2.)The Writ Petition is filed declaring the action of the respondents 2 to 4 in not taking steps for acquisition of petitioners land in an extent of Ac.1-49 cents along with 51 structures covered by Survey No.3/1 and 22/2 of Rangampalli village, Atluru Mandal, Kadapa District under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 inspite of permission was accorded by the 1st respondent vide memo.No.30021/LA/A2/2015, dated 20.10.2017 as illegal, arbitrary and violation of articles 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 4 to initiate the land acquisition proceedings under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [ for short 'the Act'] for acquisition of the subject land.
(3.)According to the averments made in the affidavit, all the petitioners are residents of Rangampalli Village, Atluru Mandal, Kadapa District; by constructing houses, they are living in the said village and doing agriculture in their respective lands. The 4th respondent had issued a notification on 09.01.1991 proposing for acquisition of lands covered by Sy.No.3/1 and 22/2, including other survey numbers under Somasila project and as per the procedure contemplated under the old Act. The authorities passed an award No.5/1993-94, dated 24-01- 1994 and while passing the award, the 4th respondent had excluded the lands of the petitioners in an extent of Ac.1-04 cents covered by Sy.No.3/1 and an extent of Ac.0-45 cents in Sy.No.22/2, holding that the petitioners' lands were below Full Reservoir Level [FRL] (+330) contour. After land acquisition award passed by the 4th respondent, by excluding the properties of the petitioners in Survey Nos.3/1, 22/2, the petitioners have raised constructions/houses and living in the said constructions/houses.


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