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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R.Raghunandan Rao, Harinath.N
Bhimavarapu Nagi Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. land acquisition process details. (Para 1) |
| 2. appellant's argument on act, 2013 timelines. (Para 2) |
| 3. single judge's dismissal reasoning. (Para 3) |
| 4. acknowledgment of counsel hearing. (Para 4) |
| 5. reference to supreme court judgment. (Para 5) |
| 6. government's argument on time frame. (Para 6) |
| 7. applicability of reduced time frame under act, 2013. (Para 7 , 8 , 9) |
| 8. supreme court's interpretation of act, 2013. (Para 10) |
| 9. ruling on timing of award issuance. (Para 11) |
| 10. final order on award and acquisition process. (Para 12 , 13) |
JUDGMENT :
R.Raghunandan Rao, J.
1. The land of the appellant to an extent of Ac.1.10 cents in Sy. No.208/2, 208/3 and 208/5p of Davuluru Village, Kankipadu Mandal, Krishna District, was acquired under the provisions of the LAND ACQUISITION ACT , 1894 [for short ‘the Act, 1894’]. A necessary notification under Section 4(1) of the Act, 1894 was issued on 20.06.2013. A declaration under Section 6 of the Act, 1894 was given on 02.01.2014 and an award fixing compensation was passed on 29.12.2015.
2. This acquisition process was challenged by the appellant by way of W.P. No.10516 of 2017 before this Court. The contention of the appellant was that the
The acquisition proceedings under the Land Acquisition Act, 1894 lapsed as the award was not passed within the one-year period mandated by the Right to Fair Compensation Act, 2013.
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
(1) Lapse of land acquisition proceeding – Section 11A of 1894 Act and Section 25 of 2013 Act prescribe two different periods of limitation with adverse consequences, as on failure to make award acqu....
Section 25 of LARR Act reads as Period within which an award shall be made –The Collector shall make an award within a period of twelve months from the date of publication of the declaration under se....
Failure to pay 80% compensation under Section 17 of the Land Acquisition Act invalidates acquisition proceedings, necessitating a fresh award based on market value.
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