APHC010349992020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23259/2020 Between:

Sri. Tulluru Sudhakar Rao and Others ...PETITIONER(S)

AND The Government Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. P V A PADMANABHAM Counsel for the Respondent(S):

1. GP FOR REVENUE

2. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL)

3. GP FOR LAND ACQUISITION (AP)

The Court made the following:

ORDER:

Heard Sri P.V.A.Padmanabham, learned counsel for the petitioners, Sri Doddala Yathindra Dev, learned Special Assistant Government Pleader appearing for the 1^st to 3^rd respondents and Sri Jupudi V.K.Yagnadutt, learned Central Government Standing Counsel appearing for the 4^th respondent.

2. The instant writ petition is filed challenging the proceedings of the respondents for acquisition of the petitioners’ property located in Sy.Nos.1059/2, 1067/2C, 1067/2F, 1067/3 in an extent of Ac.2.90 cents at Podili Village, Prakasam District, pursuant to the notification of the 2^nd respondent dated 21.05.2018, without determining the market value under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (for short “the Act”) seeking the following relief:

“ (A) The action of the respondents 1 to 3 in refusing to determine the market value of the petitioners’ lands in Sy.No:1059/2, 1067/2C, 1067/2F, 1067/3 in an extent of Ac.2.90 Cts, at Podili Village, Prakasam District, as per the criteria U/Sec.26 of the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, pursuant to 2^nd respondent's notification dt: 21.05.2018 in R.C. No: DT/116/2016 as Illegal, Arbitrary, Violative of Principles of Natural Justice, Ultra vires the provisions of Act 30 of 2013 and violative of Art. 14 and 300A of the Constitution of India and is in violation of the order dt: 26.04.2019 in W.P.No; 3203/2019;

(B) The action of the respondents 1 to 3 in refusing to consider the market value under the Indian Stamp Act as on the date of preliminary notification dated: 21.05.2018 U/Sec 11(1) of the Act, for the petitioners' lands as Arbitrary, Illegal, Violative of Principles of Natural Justice, Ultra vires their powers/provisions of Act 30 of 2013 and violative of Art. 14 and 300A of the Constitution of India;

(C) The action of the 2nd and 3rd respondents in trying to proceed with acquisition of petitioners' lands in contravention of the provisions of Act 30 of 2013, pursuant to 2^nd respondent's notification dated: 21.05.2018 in R.C. No: DT/116/2016 as Arbitrary, Illegal, Violative of Principles of Natural Justice, Ultra vires their powers and violative of Art.14 and 300A of the Constitution of India and in violation of the order dt: 26.04.2019 in W.P.No; 3203 of 2019 and to pass such other or further order or orders as are deemed fit and proper in the circumstances of the case.

(D) Consequently to declare the order dated 28.09.2020 passed by the 3^rd respondent in RCA No.3645/2015 and the subsequent proceedings of the respondent no.5 vide proceedings no G1/1503/2015 dated 04.11.2020, in approving the order of the 3^rd respondent as illegal arbitrary without authority and ultra vires the provisions of Sec 26 of Act 30 of 2013 and pass such other or further order as are deemed fit and proper in the circumstances of the case.”

3. The brief facts of the case are:-

(a) Petitioners are owners of the subject land comprised in Sy.Nos.1059/2, 1067/2C, 1067/2F, 1067/3 in an extent of Ac.10.27 cents at Podili Village, Prakasam District. The lands were initially held by the petitioners’ as agricultural lands. Later in 2015, application for conversion of the lands from agricultural to non-agricultural purpose was made and vide proceedings of the 3^rd respondent dated 30.04.2015, the lands were permitt