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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NINALA JAYASURYA, J.
Maddana Anand and another – Appellant
Versus
The State of Andhra Pradesh and others – Respondent
Writ Petition Nos.42111 of 2022, 1456, 2006, 2536, 10466, 10540, 10562 of 2023
Decided on : 18-06-2024
Acquisition - Land Acquisition - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Sections 10A, 11, 15-19, 31A - The court found that the exemption of certain provisions was improperly granted, leading to a violation of statutory procedures, thus invalidating the acquisition process.
Fact of the Case:
The case involved the acquisition of land for constructing a Road Over Bridge, with challenges raised against the exemption of certain provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, and the subsequent notifications and awards issued by the authorities.
Finding of the Court:
The court determined that the exemption notification was issued without proper authority and that the acquisition process violated statutory provisions, particularly regarding the opportunity for affected parties to be heard.
Issues: Whether the exemption notification was valid, whether the preliminary notification was lawful, whether the subsequent orders and award were sustainable, and whether principles of natural justice were upheld.
Ratio Decidendi: The court held that the failure to comply with statutory requirements and the lack of effective opportunity for affected parties to present their objections rendered the acquisition proceedings invalid.
Result: The court set aside the exemption notification, preliminary notification, subsequent orders, and the award, directing fresh proceedings in accordance with the law.
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 issued proceeding exempting the provisions of Chapter II & III of the Act, 2013 and authorized the Land Acquisition Officer & Revenue Divisional Officer, Dharmavaram to invite claims from the interested persons for settlement by negotiations. A Gazette Notification dated 18.07.2021 for exemption of Chapter II & III of the Act was published in the Ananthapuramu District Gazette by the District Collector.
4) Subsequently, a Preliminary Notification in Form VI(A) under Section 11 (1) of the Act 2013, dated 19.12.2021, was issued in respect of the lands in Sy.No.23-1B, 23-2B, 24-3B, 27-2, 67-27A, 68-1, 68-2, 396-2A, 401-1A1, 402-1A1, 403-2B to an extent of 1-88 cents for construction of two lane ROB. The said Preliminary Notification was published in Sakshi Telugu Daily Newspaper on 30.12.2021 and the Hindu English Daily Newspaper on 31.12.2021. Thereafter, notices were issued to 130 land losers, who were covered under the above mentioned Preliminary Notification and objections were called for vide RC No.1318/2019(F), dated 05.01.2022 and to attend the enquiry on 16.03.2022. Pursuant to the said Notices, Objections dated 10.02.2022 were submitted and the Land Acquisition Officer was requested to change the location of ‘ROB’ to other place, since the petitioners’ houses will be totally demolished.
5) On 11.07.2022 overruling the objections submitted by the petitioners rejection orders were passed and Declaration under Section 19(1) of the Act r/w Sub Rule 1 of Rule 25 of The Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 (for short “the Rules, 2014”) was published on 13.08.2022. Thereafter, notices dated 17.11.2022 were issued under Section 21(2) of the Act, wherein, it is inter alia mentioned that an enquiry would be conducted on 25.11.2022 at 11.30 a.m., in the office of the LAO/RDO, Dharmavaram and the necessary documents in respect of the lands/constructions of noticees were directed to be submitted.
6) Challenging the said notice dated 17.11.2022 and the preliminary Notification under Section 11 dated _.12.2021, W.P.No.42111 of 2022 was filed and an interim order dated 04.01.2023 was granted. Subsequently, petitioners in W.P.No.42111 of 2022 filed W.P.No.2536 of 2023 challenging the rejection Orders dated 11.07.2022. The other petitioners filed W.P.Nos.1456 and 2006 of 2023 challenging the Notice dated 17.11.2022, Declaration dated 13.08.2022 as also the preliminary Notification under Section 11 dated _.12.2021. While the said Writ Petitions are pending, Award No.1 of 2023 dated 29.03.2023 was passed. Challenging the said Award, W.P.Nos.10466; 10508; 10540 and 10562 of 2023 have been preferred.
7) Heard Mr. P.S.P. Suresh Kumar, learned counsel for the petitioners along with Mr.Bandi
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....
Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
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....
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