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2025 DAILYLAW 28705 (AP)

Lalam Somunaidu v. The District Collector (Land Acquisition),

WP/3200/2008 · 2025-02-28

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 3200 OF 2008 Between: Lalam Somunaidu, S/o.Satyam, Aged 50 Years. Cultivation, R/o.Dopperla Village, Achutapuram Mandal, Visakhapatnam District. ...PETITIONER AND 1. The District Collector (Land Acquisition), Visakhapatnam. 2. The Special Deputy Collector-cum-Land Acquisition, Officer, S.E.Z-I, Collector's Office Building, Visakhapatnam 3. The Government of A.P. rep. by its Principal Secretary, Revenue (Land Acquisition), Department, Secretariat, Hyderabad. ...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 to issue order or orders or directions particularly in the nature of Writ of Mandamus to direct the and 2'"'^ respondents to conduct a detailed enquiry considering title deeds of the petitioner and his possession of the property and pass appropriate orders before passing an award in the interest of justice, and consequently pay the compensation to the petitioner in pursuance of the award intended to be passed by the 2"*^ respondent, in the interest of justice. r S I.A. NO: 1 OF 2008(WPMP. NO: 4178 OF 2008^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court r , may be pleased to direct the 2"*^ respondent to consider the > of the petitioner dated 1.1.2008 received by the 1 4.1.2008 in the interest of justice. representation and 2^^ respondents on %...<■ St Counsel for the Petitioner : SRI M. V. RAJA RAAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER APHC010408702008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 3200/2008 Between: Lalam Somunaidu ...PETITIONER AND The District Collector Land Acquisition and Others Counsel for the Petitioner: 1.M V RAJA RAAM Counsel for the Respondent(S): 1 .GP FOR LAND ACQUISITION The Court made the following order: ...RESPONDENT(S) 2 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 3200 of 2008 ORDER: The Writ Petition is filed seeking direction to the respondent No.1 & 2 to conduct a detailed enquiry considering title deeds of the petitioner and his possession of the property and appropriate order and consequently, to pay compensation to the petitioner, pursuant to the award intended to be passed by the respondent No.2. pass 2. Heard the learned counsel for the petitioner. 3. The petitioner claims to be owner possessing an extent of Ac.2.54 cents in Sy.No.136/1 and 129/2 of Krishnampalem Village, Rajukoduru Post, Rambilli Mandal of Visakhapatanam District which was purchased by his father through registered sale deed vide document No.1085 of 1990, whereas, the Government issued notification under Section 4(1) of the Land Acquisition Act, proposing to acquire the aforesaid lands for the purpose of establishing Special Economic Zone, Naval Base construction. 4. The petitioner claims that without paying any compensation, his lands were being acquired. It is also stated that the petitioner 3 was neither given any notice nor his name was reflected in the notification issued under Section 4(1) of the Act. 5. Counter has been filed by Special Deputy Collector, inter alia, stating that in so far as Sy.No. 129/2 is concerned, the same has not been notified for acquisition. So, the question of paying any compensation does not arise and in respect of land in Sy.No. 136/1, already another Writ Petition was filed in W.P.No.19443 of 2007 by some of the persons claiming rights over Sy.No.136/1, for an extent of Ac-3.62 cents and another extent of Ac-3.26 cents in Sy.No.126 situated in Krishnampalem Village. 6. The learned Assistant Governmnet Pleader now placed on record the common order, dated 20.07.2023, passed by this Court in W.P.Nos.7102 of 2008 & 19443 of 2007. By which order, the Award No.7 of 2007 passed in respect of Sy.No. 136/1 admeasuring Ac.4.64 cents has been set-aside. common 7. In view of the aforesaid common order, as the award came to be set-aside, the land in Sy.No.136/1, admeasuring 4.64 cents has now been excluded from the notification issued under Section 4 (1) of the Act. The petitioner in this Writ Petition also claims compensation with respect to part of the land in the very same 4 survey number. In as much as the very award has been set-aside and the land has been excluded from the notification, this Writ Petition can be disposed of in terms of the aforesaid common order. Accordingly, the Writ Petition is disposed of. No costs. 8. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// 1^ 5^ SECTION OFFICER To, 1. The District Collector (Land Acquisition), Visakhapatnam. 2. The Special Deputy Collector-cum-Land Acquisition, Officer, S.E.Z-I, Collector's Office Building, Visakhapatnam. 3 The Principal Secretary, Revenue (Land Acquisition), Department, Government of A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 4. One CC to Sri M. V. Raja Raam, Advocate [OPUC] 5. TwoCCsto GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 6. Three C.D. Copies. Cnr HIGH COURT DATED:28/02/2025 ORDER WP.No.3200 of 2008 X 2 1 MAR 2D25 „ ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS