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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH.N
Sanka Lakshmi Deepa, W/o. Venkateswara Rao – Appellant
Versus
State Of AP, Rep. By Its Principal Secretary Municipal Administration Department – Respondent
| Table of Content |
|---|
| 1. challenge to government notice for eviction (Para 1) |
| 2. claims of encroachment and denial of compensation (Para 2 , 3) |
| 3. purchase history of property and tax payments (Para 4) |
| 4. acquisition for railway bridge concerns (Para 5 , 6) |
| 5. dispute over land classification and tax payment (Para 8 , 9 , 12) |
| 6. title dispute between sy.nos. 248/2 and 248/4 (Para 10 , 11) |
| 7. survey and demarcation for property clarity (Para 14 , 15) |
| 8. steps for claiming compensation upon establishing title (Para 16 , 17) |
| 9. conclusion and disposal of the writ petition (Para 18) |
ORDER :
HARINATH N., J.
1. The petitioners are challenging the notice dated 29.07.2023 issued under Sections 405 and 406 of the APMC Act, 1955, by the 2nd respondent, calling upon the petitioners to vacate the site in their possession and proposing to initiate steps to demolish the construction over the said property. A consequential direction to the respondents not to interfere with the possession of the petitioners is sought for in the writ petition.
2. The learned counsel appearing for the petitioners submits that the petitioners received the notice dated 29.07.2023, duly intimating the petitioners that the petitioners
Registered ownership of property does not exempt one from government acquisition of land classified as government property, and petitioners must prove entitlement to establish right for compensation.
Acquisition of land – Illegal encroachers cannot claim compensation and invoke Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Once the land vested with the government, the petitioners' claim to restrain the respondents from dispossessing them could not arise. Additionally, the court held that the petitioners' claim for comp....
Ownership of Grama Natham land requires valid documentation; mere possession does not confer title or entitlement to compensation.
Point of Law : Solatium is amount of money paid to offset damage caused by involuntary act of giving up property in question, owing to compulsory nature of acquisition.
The court established that proper notice and compensation are essential in land acquisition, reinforcing the rights of landholders under the Land Acquisition Act.
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