Andhra Pradesh High Court - Amravati
Doddapuneni Padmavathi, vs The State Of Ap on 8 July, 2019
Author: U.Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
WRIT PETITION No.7608 OF 2019
ORDER:
The petitioner seeks a Writ of Mandamus declaring the action of the respondent in not referring the case of the petitioner to competent authority constituted under Section 64 of the Right to Fair Compensation and Transparency in the Land Acquisition Rehabilitation and Re-Settlement Act, 2013 (for short 'RFCTLARR Act', 2013) and deposit the compensation amount under Section 77 of the said Act, as illegal, arbitrary and for a consequential direction.
2. Heard learned counsel for the petitioner, learned Government Pleader for Irrigation representing respondent No.1 and learned Government Pleader for Land Acquisition representing respondent Nos.2 and 3.
3. The submission on behalf of learned counsel for the petitioner is that, in view of the directions contained in batch W.P.Nos.44825 of 2017 and 6665 and 6699 of 2018, dated 12.03.2018, the respondent authorities instead of referring the matter to a competent authority as per Section 64 of RFCTLARR Act, 2013 or deposit the compensation amount under Section 77 of the Land Acquisition Act. Learned counsel for the petitioner thus prayed to direct the authorities to refer the matter to the competent authority.
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4. The Order in batch W.P.Nos.44825 of 2017 and 6665 and 6699 of 2018, dated 12.03.2018 of this Court, reads thus;
"Hence, the Writ Petitions are disposed of directing the respondent Land Acquisition Officer to deposit the entire amount of compensation, before the Authority, in terms of Section 77 of the Act and further, refer the dispute to the authority notified under Section 64 of the Act, who shall deal with the same in accordance with law, as expeditiously as possible. No costs".
5. In the considered view of this Court, the directions in the order in batch W.P.Nos.44825 of 2017 and 6665 and 6699 of 2018 wherein it was clearly ordered that the Land Acquisition Officer shall deposit the entire amount of compensation in terms of Section 77 of the Act and to refer the dispute to the authority notified under Section 64 of the RFCTLARR Act, 2013, who shall deal with the same in accordance with law as expeditiously as possible.
6. In view of the said submission, this Writ Petition is disposed of directing the respondent authorities to deposit the entire amount of compensation before the authority in terms of Section 77 of the RFCTLARR Act', 2013 and to refer the dispute to the authorities notified under Section 64 of the RFCTLARR Act', 2013, within two (02) weeks from the date of receipt of a copy of this order so as to enable the authority constituted under Section 64 of the RFCTLARR 3 Act', 2013 to deal with the matter, in accordance with law expeditiously. No costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 08.07.2019.
MS 4 HON'BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No.7608 OF 2019 Date. 08.07.2019 MS