Back
NINALA JAYASURYA
Maddana Anand – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
The issue involved in to the acquisition of land for the purpose of construction of Road Over Bridge (for short “ROB”) and the proceedings in relation to the same under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act”).
2) The relevant facts as culled out from the material on record, may briefly be narrated for better appreciation of the case:
3) The Government of Andhra Pradesh issued G.O.Ms.No.27 Transport, Roads & Buildings (Roads-II) Department, dated 28.01.2020 granting administrative sanction for construction of two lane ROB in lieu of LC No.2 at Railway Km.1/3-4 of Dharmavaram-Pakala Station on Damajipalli – Tadipatri Road at Km.17/2 in Ananthapuramu District. The Commissioner, R&R Vijayawada, vide proceedings dated 19.11.2020 appointed Social Impact Assessment (for short “SIA”) Agency i.e., Rural Integrated and Social Education Society (RISES) Vijayawada as SIA Team to conduct SIA study with regard to the land acquisition. On 03.12.2020, the SIA Team conducted public consultation meeting as also a survey. Thereafter, on 13.07.2021, the District Collector, Anantapuramu issue
The court established that proper authority and adherence to statutory procedures are essential in land acquisition processes to ensure fairness and legality.
The publication of land acquisition notifications must comply with statutory requirements, including publication in the appropriate official gazette, and the same authority cannot hear objections and....
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
Point of law : In cases where facts can be said to be admitted or undisputable, and only one conclusion is possible, the court does not pass futile orders of setting aside or remand when there is, in....
Personal hearing is a statutory requirement under Section 21(2) of the Act; failure to provide this violates natural justice and invalidates any acquisition award.
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
Point of law: Court sitting under Article 226 of the Constitution of India in a writ petition cannot go into technical aspects with regard to the alignment of the canal, more particularly, in the abs....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
