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Andhra Pradesh High Court – Amravati
Smt. Depuru Vijaya Lakshmi, vs State Of Andhra Pradesh, on 23 June, 2025
APHC010227522025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY THIRD DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 12819/2025
Between:
Smt. Depuru Vijaya Lakshmi, and Others ...PETITIONER(S)
AND
State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. C SUBODH
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR IRRIGATION COMM AREA DEV
The Court made the following:
2
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 12819/2025
ORDER:
This writ petition is filed under Article 226 of the Constitution
of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one
in the nature of Writ of Mandamus declaring the action of
the respondents in not paying compensation to the
petitioners with respect to lands i.e., land of an extent
Ac.0.50 cents in Sy.No.232 and 234 belongs to the 1st
petitioner and an extent of Ac.0.39 cents in Sy.No.233-2H2
and 234-2, situated at Gudali village, Kota Mandal, Tirupati
District belongs to the 2nd petitioner which are affected in
“Improvements to left side flood bank of Tsallakalava River”.
Pursuant to preliminary notification in Rc.G2 1205/2021
dated 07.08.2021 and proceeding further for acquisition of
the lands even though possession of the lands were taken
in the year 2015 as illegal, arbitrary, against principles of
Natural Justice, violation of provisions of the Right to Fair
Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 and Rules, 2014
and violation of Article 300-A of Constitution of India and
consequently direct the respondents to pay the
compensation to the petitioners forthwith and pass such
other order.”
2. Heard the learned counsel for the petitioners and the
learned Government Pleader for the respondents.
3. Learned counsel for the petitioners submits that the 1st
petitioner is the absolute owner and possessor of the land
admeasuring to an extent of Ac.10.77 cents in Sy.Nos.232 & 233
situated at Gudali Village, Kota Mandal, SPSR Nellore District,
having acquired the same through a registered sale deed dated
3
27.06.2011. The 2nd petitioner is the absolute owner and possessor
of the land admeasuring to an extent of Ac.1.38 cents in Sy.Nos.233
and 234 situated at Gudali Village, Kota Mandal, SPSR Nellore
District having acquired the same through a registered sale deed
dated 10.02.2011. The part of the subject lands i.e. an extent of
Ac.0.50 cents in Sy.No.232 & 234 and Ac.0.39 cents in Sy.No.233-
2H2 & 234-2 were acquired by the Government pursuant to the
preliminary land acquisition notification in the year 2015. Even after
issuance of the preliminary notification, the respondents not
complied with the other compliances i.e, publication of declaration
under Section 19 and passing of an award under Section 20 of the
Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013. Now, without complying
the mandatory legal procedure, the respondents are proceeding with
the fresh notification instead of continuing with previous notification
and other proceedings i.e., publication of declaration under Section
19 and passing an award under Section 10 of the Act, 2013, which is
contrary to the scheme of the Act and with an intention to drag the
matter without paying the compensation to the petitioners.
4. On the other hand, learned Government Pleader for the
respondents furnished written instructions issued by the 5th
respondent dated 15.06.2025, wherein it is stated as follows:
4
“The requisition department i.e., The Executive
Engineer, Water Resource Department has been
requested from this office vide Rc.A2.676/2019 dated
21.04.2025 requesting to file fresh requisition so that the
compensation can be processed to the writ petitioners
along with all the land losers and the water resource
department is processing the request for filing of fresh
requisition.
In view of the above, it is respectfully submitted that all
necessary steps have been initiated in accordance with
the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. The delay in finalization of the
award was due to non-availability of funds and
subsequent lapse of the draft declaration. Furthermore,
with the reorganization of districts, the subject lands
now fall under the jurisdiction of the newly formed
Tirupati District, requiring a fresh requisition from the
concerned department. ”
5. Learned Government Pleader for the respondents submits
that even though the preliminary notification was published in the
year 2018, but other required steps as contemplated under Section
19 and 20 of the Act, 2013 were not complied with as per the terms
of the Act. Therefore, having no other option, the respondents
resolved the entire issue by inviting requisition afresh. The same
was confirmed by the respondent authority vide a letter dated
21.04.2025.
5
6. In reply, learned counsel for the petitioners submits that
there is no limitation for publication of declaration. Therefore, the
respondents can carry out the publication from the proceedings
where it was stopped and can proceed further to pass an award.
7. Having regard to the submissions made by the learned
counsel for the petitioners and the learned Government Pleader for
the respondents and on perusal of the written instructions issued by
the 5th respondent, it appears that the submission of the learned
counsel for the petitioner is that there is no specific limitation after
issuance of the preliminary notification for acquisition of land and for
publication of the declaration under Section 19 of the Act, therefore
the respondent are liable to proceed further by carrying out the
compliance as contemplated under Section 19 of the Act and
publish the declaration and proceed further to pass an award. But,
Section 19(7) of the Act clearly indicates hereunder:
“19. Publication of declaration and summary of
Rehabilitation and Resettlement
(7) Where no declaration is made under sub-
section (1) within twelve months from the date of
preliminary notification, then such notification
shall be deemed to have been rescinded:
Provided that in computing the period referred to
in this sub-section, any period or periods during
which the proceedings for the acquisition of the
6land were held up on account of any stay or
injunction by the order of any Court shall be
excluded:
Provided further that the appropriate Government
shall have the power to extend the period of
twelve months, if in its opinion circumstances
exist justifying the same:
Provided also that any such decision to extend
the period shall be recorded in writing and the
same shall be notified and be uploaded on the
website of the authority concerned.”
8. On perusal of the above provision of law, it is observed that
the respondents shall publish the declaration within a period of
twelve months from the date of preliminary notification. Therefore,
the contention of the learned counsel for the petitioner that there is
no limitation for publication of declaration is lacks merits and
contrary to law. Hence, as contended in the written instructions of
the respondents and in view of the non-compliance of statutory
compliance under Section 19, the respondents are at liberty to
proceed further afresh expeditiously and complete the acquisition
process within a reasonable time i.e., more particularly not later
than Twelve(12) months from the date of receipt of copy of this
Order or from the date of preliminary notification whichever is less.
9. With the above direction, the Writ Petition is disposed of.
There shall be no order as to costs.
7
As a sequel miscellaneous application, pending, if any, shall
also stand closed.
________________________________
VENKATESWARLU NIMMAGADDA, J
23.06.2025
TPS
8
156
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO:12819 of 2025
23.06.2025
TPSs
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