Andhra Pradesh High Court - Amravati
American Baptist Foreign Mission ... vs The State Of Ap on 17 November, 2020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY a :PRESENT: nes THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU xf oe , WRIT PETITION NO: 19871 OF 2020 fo! Between: American Baptist Foreign Mission Society., Rep.by its Custodian of Society - Properties Sri. D. John Prasanna Babu Rao S/o John, Age 71 years, ABM Compound, Bapatla, Guntur District. . Petitioner AND 1. The State of AP, Rep.by its .Pri Secretary, Municipal Administration and Urban Development, A.P.Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Municipal Administration, Inner Ring Road, Guntur, Guntur District. 3. Bapatla Municipality, Rep.by its Municipal Commissioner, Bapatla, Guntur District. ... Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased pleased to issue writ or order one particularly in the nature of Writ of Mandamus declaring the action of the respondents in taking steps to lay public Municipal Road in the land belonging to the petitioner society situated in S.No. S.No. 645/10 to an extant of Ac.0.74 cents, In S.No.647/10, Ac.1.72 cents and In.S.No.685/1, to an extent of Ac.5.89 cents situated at Bapatla East Village(U), Bapatla Mandal, Guntur District is illegal and in contravention of Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013(Act 30 of 2013) and the provisions of Municipalities Act and Consequently direct the respondents not to lay the Road in the land belonging to the petitioner in S.No.645/10,647/13,685/1 Situated at Bapatla East(U)Vilage, Bapatla Mandal, Guntur District without paying the Compensation as required to be paid as per the Provisions Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013(Act 30 of 2013). IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to lay the Road in the land belonging to the petitioner in S.No.645/10,647/13,685/1 Situated at Bapatla East (U) Village, Bapatla Mandal, Guntur District without following. the Procedure for acquisition of land Under Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013(Act 30 of 2013), pending disposal of WP 19871 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated made herein and upon hearing the arguments of Sri N Subba Rao Advocate for the Petitioners, and of GP for Municipal Administration Urban Development for the Respondent No.1 and M.Manohar Reddy Standing Counsel for Municipalities for Respondent Nos. 2 and 3 and the Court made the following. -" ORDER: "Sri M.Manohar Reddy, learned standing counsel for Municipalities, appearing on behalf of respondent No.3 states that he has received instructions. According to him, the deponent of the writ affidavit does not have the authority or power any longer to represent the petitioner as one I. Malyadri has now been appointed as Custodian of the petitioner. Learned standing counsel agrees to upload the instructions. Sri G.Elisha, learned counsel, states that he has filed implead petition. But, the same is not on record. Office is directed to verify and put up the implead petition on file by the next date of listing. List the matter on 01.12.2020. Till then, interim order, passed earlier is extended." Sd/-SURYA PRAKASA RAO | DEPUTY REGISTR lf TRUE COPY // SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban Development, A.P.Secretariat, State of AP, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Municipal Administration, Inner Ring Road, Guntur, Guntur District. 3. The Municipal Commissioner, Bapatla Municipality, Bapatla, Guntur District. (RR 1 to 3 by RPAD) 4. One CC to Sri. N Subba Rao Advocate [OPUC] 5. One CCto Sri M.Manohar Reddy, learned standing counsel [OPUC] 6. Two CCs to GP for Municipal Administration Urban Development ,High Court Of Andhra Pradesh. [OUT] 7. The S.O., Posting Section. 8. One spare copy PR HIGH COURT DVSSJ DATED:17/11/2020 ORDER
LIST THE MATTER ON 01.12.2020.
WP.No.19871 of 2020DIRECTION