The Writ Petition Was Filed ... vs Sesha Sai
2023 Latest Caselaw 3945 AP

                                                                                    04


                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

         MAIN CASE No.               W.A.No.779 of 2023

                                       PROCEEDING SHEET

 Sl.                                                                             OFFICE
                                               ORDER

 No      DATE                                                                     NOTE

04.    31.08.2023          The present appeal has been preferred

against the judgment and order dated 13.02.2023 passed in WP.No.18725 of 2021.

The writ petition was filed challenging the acquisition proceedings as also the Award primarily on the ground that the same was in violation of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [the 2013 Act] inasmuch as it was passed beyond the time of 12 months from the date of initial notification under Section 11 of the 2013 Act.

The case set up by the appellants herein before the writ Court was that due extension had been granted in terms of Sections 19(7) & 25 of the 2013 Act.

It is seen from the record that the notifications under Sections 19(7) & 25 of the 2013 Act have been issued from time to time by the District Collector and the same were published in the District Gazette.

Counsel for the writ petitioners would contend that the notifications had to be published in the State Gazette. Reliance in this regard is placed upon the definition of 'notification' as contained in Section 3(v) of the 2013 Act.

Counsel for the appellants seeks some time to take instructions as to whether the District Collector could have been authorized to publish the notifications in the District Gazette and whether the notifications extending the period were published in the Gazette of India by the District Collector.

List on 14.09.2023.

DHIRAJ SINGH THAKUR, CJ A. V. SESHA SAI, J

Vjl