Andhra Pradesh High Court - Amravati
Y.Sujatha vs The State Of Andhra Pradesh Rep By Its ... on 16 March, 2022
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.27958 OF 2015
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
" to issue a Writ of Mandamus or any other appropriate Writ or direction declaring the action of the respondents in not acquiring the land an extent of Ac. 4- 88 cents in S.No.979, Ac.1-26 cents in S.No. 978/2 and Ac.1-86 cents in S.No.977/2 of Rapur village & Mandal and not paying the compensation as per the Provisions of Land Acquisition Rehabilitation And Resettlement Act 2013 No.30 of 2013, as illegal and arbitrary and consequently direct the respondents to acquire the lands of the petitioner in an extent of Ac. 4-88 cents in S.No.979, Ac.1-26 cents in S.No.978/2 and Ac.1-86 cents in S.No.977/2 of Rapur Village & Mandal, SPSR Nellore District and pay the compensation as per the provisions of Land Acquisition Rehabilitation And Resettlement Act 2013 No.30 of 2013 and pass such other orders."
The case of the petitioner in brief is that the petitioner purchased the land admeasuring Ac.2-91 cents in S.No.977/2, Ac.0-62 cents in S.No.978/2, Ac.4-88 cents in S.No.979/2 of Rapur Village and Mandal, SPSR Nellore District from different persons through registered sale deeds in the year 2007.
The 4th respondent vide Rc.E/41/2012, dated 11.01.2013 has requested the Tahsildar, Rapur Mandal to send genuineness certificate in respect of the DKT lands for payment of ex-gratia including the lands mentioned above.
The Tahsildar vide R.C.B.96/2015 dated 17.03.2015 has informed the 4th respondent that since 1927 sale transactions have taken place for the land in S.No.977/2, 978/2 and 979 and further informed that Smt.Yannam Sujatha is pattadar and 2 enjoyer of the said lands. But no compensation has been paid till date for the subject land and the inaction of the respondents is questioned in the present writ petition.
No counter is filed by the respondents.
Learned counsel for the petitioner had placed on record proceedings R.Dis.E6/1850/2021 dated 10.11.2021, issued by the Chairperson, District Level Committee for updation of RSR in respect of Survey Numbers against which Dots were noted, the Collector and District Magistrate SPS Nellore District which reads as follows:
"The district Level Committee after careful examination of the proposals submitted by the Convener concerned for the lands shown in the schedule below have found that the land(s) is/are under active recognized possession of the claimants/ predecessors for a period of more than twelve (12) years prior to the stipulated date i.e., 14.06.2017.
The District Level Committee hereby directs the Tahsildar, Rapur to take necessary action to threat/ recognize the following dotted land as patta land and incorporate the changes in the Re-Settlement Register/ Diglot and other Revenue Records of the village in respect of following dotted lands. Register of the Village in the schedule shown SCHEDULE Mandal: Rapur Village:Rapur Name of the Applicant: Smt. Yannam Sujatha W/o. Tejonidhi Sl. Extent for Nature of No updating the land Land Sy.No. under enjoyment in 1 977- 2 0.75 2 978-2 0.45 Patta 3 979-2 4.88 3 The District Registrar, Gudur is directed to delete the above schedule land from the prohibitory properities list maintained under Section 22(A) of Registration Act, 1908. The Tahsildar, Rapur is hereby instructed to take necessary action and to carry out Adangal correction/ Mutation within 7 days from the date of receipt of a copy of this order and report compliance.
However, this order does not confer any right or title over the land. At any later date, if it is found that this order was obtained by misrepresentation or mistake of facts or on the basis of false records, the order stands cancelled and the claimant is liable for civil and criminal prosecution."
As seen from the proceedings, a direction was issued to delete the schedule land from the prohibitory properties list under Section 22(A) of Registration Act, 1908 and the Tahsildar, Rapur was instructed to take necessary action and to carry out Adangal correction/ Mutation within 7 days from the date of receipt of a copy of this order and report compliance. But no such action is taken till date.
In pursuance of the above direction, the land was deleted from the prohibitory property list notified under Section 22(A) of the Registration Act, 1908 and mutated the name of this petitioner in the revenue record but no compensation is paid.
Heard learned counsel for the petitioner and learned counsel for the respondents.
It is the contention of the petitioner that road was laid through land of the petitioner without acquiring or without land pooling as permitted under law. Therefore, the respondents are bound to acquire or pool the land, with the consent or otherwise by following necessary procedure and pay compensation subject 4 to his entitlement. Therefore, the respondents are directed to take appropriate steps to acquire the land where the road is laid in different survey numbers referred above within a period of three (03) months from today, if the petitioner is found eligible, pay the compensation as per the provisions of Land Acquisition Rehabilitation And Resettlement Act 30 of 2013.
With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 16.03.2022 BSP 5 65 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.27958 OF 2015 16.03.2022 BSP