APHC010034442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.1776 of 2025 Between:

Chennuru Mohan Reddy and another ...PETITIONER(S)

AND The State of AP and others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. JANARDHANA REDDY PONAKA Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP MUNCIPAL ADMN. & URBAN DEV.

3. Ms. V. SIREESHA RANI, STANDING COUNSEL The Court made the following:

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“....to issue a writ of mandamus or any appropriate order or direction to 5^th & 6^th respondents to pay the monetary compensation for the land acquired for lying the public road in the year 2006 in Sy.No.71/1 to the extent of 5 Ankanams (40 Sq.Yds) of 1^st petitioner and 1 Ankanam (8 Sq.Yds) of 2^nd petitioner at Buchireddypalem Nagar Panchayat, SPSR Nellore district as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which is kept pending, and passing resolution No.432 Dated 04.12.2024 rejecting the legitimate right, as illegal, arbitrary, improper and without any power or authority under law and against to the Art. 14, 16, 21 and

300A of the Constitution of India..”

2. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development representing respondent No.1, learned Government Pleader for Revenue representing respondent Nos.2 to 4 and learned Standing Counsel representing respondent Nos.5 and 6.

3. It is the case of the petitioners that in the year 2006, they gave 5 ankanams (40 square yards) and 1 ankanam (8 square yards) of land respectively in Sy.No.71/1 falling within the limits of Buchireddypalem Nagar Panchnayat, Nellore District, for the purpose of laying public road in the said Panchayat. At that time, the authorities promised to give alternative land of 12 ankanams and pay monetary compensation to the petitioners.

4. It is the grievance of the petitioners that till date, the authorities have not paid them any compensation nor allotted any alternative land as promised and after repeated representations submitted by them, the Commissioner of Nagar Panchayat, vide proceedings bearing ROC.No.34/G1/2022 dated 12.12.2024, has informed the petitioners that their request for allotment of alternative land or for payment of compensation was rejected vide council resolution dated 04.12.2024.

5. Today, when the matter is taken up for hearing, learned Standing Counsel representing respondent Nos.5 and 6 has placed before this Court a copy of the written instructions dated 27.01.2025 received from the Town Planning and Building Overseer, Buchireddypalem Nagar Panchayat, wherein, while confirming that the land of the petitioners was taken for laying of a connecting road in the Panchayat in the year 2006 and that the representation of the petitioners was rejected as no alternative land is available to allot to them, it is stated that they are willing to compensate the petitioners through monetary benefit. The relevant portion of the written instructions reads as under:

“As per the request of the petitioners, we are willing to compensate the petitioners either by giving the land or monetary, as the Council of Buchireddypalem Nagar Panchayat rejected the compensation in the form of land, we propose a new resolution to compensate them through monetary benefit in the next Council meeting.”

6. In view of the above stand taken by the authorities of the Nagar Panchayat, instead of keeping the writ petition pending, this Court deems it appropriate to dispose of the writ petition at the admission stage, directing the respondent Nos.5 and 6 to take appropriate steps for payment of compensation to the petitioners, as expeditiously as possible, duly following the proced