THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.8115 of 2018

ORDER

This writ petition is filed seeking following prayer:-

“...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent Nos. 2 and 3 in not making compensation in respect of the agricultural land of the Petitioner admeasuring Ac. 5-00 gts out of Sy.No. 132/29 situated at Gundlapally village of Mattampally mandal, Suryapet District in accordance with The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by considering the representations dt. 16-09-2016 and 04-03-2017 as illegal, arbitrary and violative of Articles 14,16,19,21 and 300 A of Constitution of India and consequently direct the respondent to pay the compensation to the Petitioner by enhancing the same and as per The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act ,

2013 or to pass...”

2. Heard Ms. P.Vijaya Lakshmi, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue

(Land Acquisition) appearing for the respondents.

3. The brief facts of the case as stated are that the petitioner claims to be the owner and possessor of the land admeasuring Acs.5.00 guntas in Survey No.132/29 situated at Gundlapally Village, Matampally Mandal, Suryapet District, and is dependant

on the said property for his livelihood. The said land was notified for acquisition by respondent No.3 for a public purpose, namely establishment of a Rehabilitation Centre for the project-affected families of Gundlapally Village consequent to the construction of the Pulichinthala Project. Subsequently, respondent No.5 issued proceedings, dated 10.12.2014, Doc.No.C1/4558/2006, fixing compensation at ₹1,00,000 per acre, which the petitioner contends is arbitrary and contrary to the basic value of Rs.3,20,000/- per acre. It is further submitted that despite several representations given by the petitioner seeking enhancement of compensation in accordance with the provisions of the new Land Acquisition Act, and notwithstanding respondent No.4’s recommendation to respondent Nos. 2 and 3 to fix the market value at Rs.4,00,000/- per acre, no action has been taken. It is further submitted that the petitioner has recorded his protest and refused to accept the inadequate compensation. As no compensation has been paid till date, the petitioner asserts his entitlement to compensation under the new Land Acquisition Act.

4. On 16.03.2018, in I.A.No.1 of 2018, this Court passed the following order:-

“Petitioner claims to be owner of land admeasuring Ac.5.00 in Sy.No.132/29 situated at Gundlapally Village, Mattampally Mandal, Suryapet District, which was acquired for submergence of Dr.K.L.Rao Sagar (PCP) Project; the Land Acquisition Officer, initially, awarded compensation of Rs.1.00 lakh classifying it as 'B' category; and, thereafter, compensation was enhanced to Rs.4.00 lakh per acre, in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), by proceedings, dated 19.05.2017. Petitioner implementation of now payment of Fair seeks re-determined compensation vide proceedings dated

19.05.2017.

In the circumstances, respondent No.3 shall pay compensation in terms of proceedings dated 19.05.2017 within eight weeks from the date of receipt of a copy of this order.”

5. When the matter is taken up for hearing, learned counsel for the petitioner has submitted that this Court, in similar situations, considering the compensation to be paid in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act, 2013’) has passed an order allowing the earlier writ petitions by directing the respondent authorities to follow the provisions of the Act, 2013, and conclude the acquisition proceedings within pres