LAWS(APH)-2008-8-85

M LINGESWRA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On August 06, 2008
M.LINGESWARA REDDY Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) THE petitioners herein claim to be the owners of different extents of land situated in Nandikotkur Village and mandal, Kurnool District. It is not in dispute that the said land to an extent of Acs. 33. 84 cents was utilized by the respondents for the purpose of allotment of house sites to weaker sections in the year 2003. Though no proceedings were taken under the provisions of the Land Acquisition Act, 1894 (for short 'the Act'), the petitioners were offered compensation at the rate of rs. 90,000/- per acre. However, the beneficiaries were put in possession of the land in question without paying even the said amount offered to the petitioners.

(2.) THEREAFTER, in pursuance of several representations made by the petitioners requesting the respondents to pay the compensation, a notification under Section 4 (1) of the Act was published on 18. 4. 2005 followed by the declaration under Section 6 of the Act, dated 20. 4. 2005. Subsequently, in the month of December 2005, some of the petitioners herein were called upon by the 3rd respondent for settlement of their claims through negotiation committee. In response to the same, though claims were made, no further steps were taken nor any award was passed determining the compensation payable to the petitioners.

(3.) HENCE, this writ petition was filed on 6. 11. 2006 seeking a declaration that the action of the respondents was arbitrary and illegal. However, subsequently an award was passed on 17. 11. 2006. In the circumstances, the prayer in the writ petition has been amended seeking a declaration that the award dated 17. 11. 2006 is arbitrary and illegal and contrary to the provisions of the Act.