LAWS(APH)-2022-11-85

DATLA VENKATA Vs. STATE OF ANDHRA PRADESH

Decided On November 04, 2022
Datla Venkata Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) As these writ petitions and writ appeal involve common issues, they are heard analogously and being disposed of by this common order.

(2.) W.A.No.852 of 2016 arises out of the interim order dtd. 25/1/2016 passed by the learned single Judge in W.P.M.P.No.42434 of 2015 in W.P.No.32879 of 2015. Other connected writ appeals are disposed of by separate common judgment dtd. 9/11/2021. However, W.A.No.852 of 2016 was kept pending because the material papers necessary to be referred in the course of hearing are available in this writ appeal.

(3.) W.P.No.32956 of 2015 and W.P.No.8639 of 2016 challenge acquisition of petitioners' land by Preliminary Notification No.2315/2015/G3, dtd. 31/8/2015, issued by the 2nd respondent, District Collector, Vizianagaram District, by declaring the same as illegal, arbitrary, void ab initio in view of lapse of lapse of Ordinance No.5 of 2015, with a further prayer to suspend the Notification during pendency of the writ petitions. Similar prayer for quashing of Preliminary Notification No.2314/2015/G3, dtd. 31/8/2015, was initially made in W.P.No.33034 of 2015. However, by amending the prayer clause, petitioners have questioned the constitutional validity of A.P. Amendment Act (Act No.22 of 2018), i.e. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018.