L.NARASIMHA REDDY
Nagarala Nirvasithula Welfare Association – Appellant
Versus
Govt. of A. P. – Respondent
The petitioner is an Association of persons of Nagarala Village, Pebbair Mandal, Mahaboobnagar District. The entire village of Nagarala came under submergence, as part of Bheema Irrigation Project of Rangasamudram Balancing Reservoir. Apart from the land, 264 houses were also effected. A notification under Section 4(1) of the Land Acquisition Act (for short ‘the Act’) was published on 26.07.2008. Enquiry under Section 5-A of the Act was dispensed with and declaration under Section 6 of the Act was published on 09.09.2008. An award was passed on 18.02.2009 through which compensation was awarded for the structures alone. No compensation was paid for the land on which the houses were constructed. The petitioner contends that there was no justification for the respondents in denying the compensation for the land on which houses were constructed.
The respondents filed a counter affidavit. It is stated that draft notification and draft declaration under Sections 4(1) and 6 of the Act respectively were issued in respect of 264 houses of Nagarala Village, covering an area of 43,823 square meters. The fact that award was passed on 18.02.2009 in respect of the houses is also admitt
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