LAWS(APH)-2024-6-126

MADDANA ANAND Vs. STATE OF ANDHRA PRADESH

Decided On June 18, 2024
Maddana Anand Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The issue involved in to the acquisition of land for the purpose of construction of Road Over Bridge (for short "ROB") and the proceedings in relation to the same under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act").

(2.) The relevant facts as culled out from the material on record, may briefly be narrated for better appreciation of the case:

(3.) The Government of Andhra Pradesh issued G.O.Ms.No.27 Transport, Roads and Buildings (Roads-II) Department, dtd. 28/1/2020 granting administrative sanction for construction of two lane ROB in lieu of LC No.2 at Railway Km.1/3-4 of Dharmavaram-Pakala Station on Damajipalli Tadipatri Road at Km.17/2 in Ananthapuramu District. The Commissioner, R&R Vijayawada, vide proceedings dtd. 19/11/2020 appointed Social Impact Assessment (for short "SIA") Agency i.e., Rural Integrated and Social Education Society (RISES) Vijayawada as SIA Team to conduct SIA study with regard to the land acquisition. On 3/12/2020, the SIA Team conducted public consultation meeting as also a survey. Thereafter, on 13/7/2021, the District Collector, Anantapuramu issued proceeding exempting the provisions of Chapter II and III of the Act, 2013 and authorized the Land Acquisition Officer and Revenue Divisional Officer, Dharmavaram to invite claims from the interested persons for settlement by negotiations. A Gazette Notification dtd. 18/7/2021 for exemption of Chapter II & III of the Act was published in the Ananthapuramu District Gazette by the District Collector.