The State Of Andhra Pradesh vs Lakshmi Sea Foods Ltd
2021 Latest Caselaw 1676 AP

      IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

  HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                            &
          HON'BLE Mr. JUSTICE C. PRAVEEN KUMAR

                  WRIT APPEAL No.1249 of 2018

                      (Through video conferencing)

State of Andhra Pradesh, rep. by its Principal
Secretary, Revenue Department, Secretariat
Buildings, Velagapudi, Guntur District, and others         ... Appellants

                                  Versus

Lakshmi Sea Foods Ltd., 82268/1, Road No.3,
Banjara Hills, Hyderabad, rep. by its
Director V. Raja Gopal Reddy                              ... Respondents

Counsel for the appellants        :     G.P. for Land Acquisition

Counsel for the respondent        :     Mr. T. Balaji

                          JUDGMENT (ORAL)

Dt:22.03.2021

(ARUP KUMAR GOSWAMI, CJ)

Heard learned Government Pleader for Land Acquisition for

the appellants and Mr. T. Balaji, learned counsel for the

respondent.

This appeal is presented against the order dated 19.01.2018

passed in W.P.No.10327 of 2007.

By the order impugned, the land acquisition proceedings

issued in respect of the lands of the respondent/writ petitioner

were deemed to have been lapsed under Section 24(2) of the Right

to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (for short "the Act")

and accordingly, the land acquisition proceedings in

Rc.No.G5/2390/2006 were set aside.

The aforesaid order was passed solely basing on the decision

of the Hon'ble Supreme Court in Pune Municipal Corporation v.

Harakchand Misirimal Solanki, reported in (2014) 3 SCC 183,

Sharma Agro Industries v. State of Haryana and others,

reported in (2015) 3 SCC 341 and Sree Balaji Nagar Residential

Association v. State of Tamil Nadu and others, reported in

(2015) 3 SCC 353 on an interpretation of Section 24(2) of the Act.

In Indore Development Authority v. Manoharlal and others

reported in (2020) 8 SCC 129, the decisions rendered in Pune

Municipal Corporation and Sree Balaji Nagar Residential

Association (supra) were overruled. Sharma Agro Industries

(supra) was passed following Pune Municipal Corporation (supra).

As the aforesaid judgments have been held to be not laying

down good law in view of the Constitution Bench judgment in

Indore Development Authority (supra), the impugned order is set

aside and the case is remanded back to the learned single Judge

for fresh disposal.

The Writ Appeal is allowed. No order as to costs.

Pending miscellaneous applications, if any, shall stand

disposed of.

ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J

MRR