LAWS(APH)-2014-12-16

PARACHURU VENKATAKRISHNAMA NAIDU Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On December 05, 2014
Parachuru Venkatakrishnama Naidu Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: To issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the compensation to the petitioner for the land admeasuring Ac.2 -36 cents in Sy.No.5 -12, under patta No.100, Chengambakkam Village Accounts, Varadayyapalem Mandal, Chittoor District as illegal, unjust, arbitrary, contrary to law, violative of Article 300 -A of the Constitution of India and consequently the respondents be directed to pay the compensation, solatium etc., with interest to the petitioner forthwith.

(2.) THE pleaded case of the petitioner is that the petitioner owned the ancestral property of wetland admeasuring Ac.2 -36 cents situated in Sy.No.5 -12, Patta No.100 of Chengambakam village accounts, Satyavedu Mandal, Chittoor District. The revenue authorities issued pattadar passbooks and title deeds as per Record of Rights in Land and Pattadar Pass Books Act, 1971 (for brevity ROR Act). On a request made by the Andhra Pradesh Industrial Infrastructure Corporation (for brevity APIIC), fourth respondent herein for acquisition of the land for establishment of Industrial Park (Special Economic Zone), the provisions of the Land Acquisition Act, 1984 (for brevity 1884 Act) were pressed into service and the authorities took possession of the said property along with other lands.

(3.) IN the above background, complaining failure to pay the compensation on the part of the respondents, the present writ petition came to be instituted.