KODALI RAMA DEVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

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

(2.) The claim of the petitioner is that she is owner and possessor of the land to an extent of Ac. 2.96 cents situated in Sy.No. 197/1 of Amudalapalli Village, Unguturu Mandal, Krishna District. She also obtained Pattadar Pass Book vide Patta No. 5 and her name also duly mutated in all revenue records. There was no dispute with regard to the title over the property of this petitioner. Budameru Stream widening work was taken up in Amudalapalli land in the year 2013, without any prior notification by the Government. The 4th respondent issued Form VI-A Preliminary Notification No. RC.G1.1011/2015, dtd. 30/8/2015 under Sec. 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquisition of land for channelization of Budameru stream. In the month of April, 2018, Form-C Award Statement No. 118 was issued and indicated that an extent of Ac. 1.53 cents in Sy.No. 197/1 of the petitioner was acquired and compensation was declared as Rs.38,68,050.00. The 5th respondent submitted land acquisition Bill No. 2019-72269 on 24/5/2018 for Amudalapalli Village lands and is pending for payment in CFMS (Comprehensive Finance Management System). The petitioner got details of voucher in the office of 5th respondent on 17/10/2019 in Nuzvid. The respondents 2, 4 and 5 have not considered the representation of the petitioner and not gave any reply.

(3.) Hence, petitioner filed W.P.No.17469 of 2020 and same was disposed of by this court, directing 2nd respondent therein to verify the representation of the petitioner dtd. 20/8/2020 and take appropriate action. So far, 4th respondent has not considered the representation or given any reply to the petitioner. Hence, the petitioner filed Contempt Case No.886 of 2021 against the 4th respondent, who filed counter therein, with all material papers. After going through the counter of 4th respondent, the 4th respondent being the land acquisition officer has passed an Award No.12/2017-18 (Rc.B.1290/2015), dtd. 29/3/2018, wherein the Award Proceedings, Page 79, Para No.117, it was clearly stated that total award amount payable is Rs.38,68,050.00 to the petitioner for the subject land. On verification of the bank details and documentary evidence of total 93 effected land owners, the bill was processed to the CFMS through Pay and Accounts Officers, Vijayawada on 5/6/2018 and CFMS Bill No. 2018-216542 was also generated.