Vurum Satyanarayana vs The State Of Andhra Pradesh
2023 Latest Caselaw 3049 AP

           THE HON'BLE SMT JUSTICE V. SUJATHA

                    WRIT PETITION No.35254 of 2016

ORDER:

This Writ Petition is filed under Article 226 of the Constitution

of India seeking the following relief:-

"...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in demolishing the petitioner's RCC building bearing D.No.6-132 in SR.No.65, situated at Sanivarapupeta, Eluru, West Godavari District, without issuing any prior notice and without following the due process of law under the Land Acquisition, is illegal, arbitrary, violation of principles of natural justice, apart from that violation of legal duty and legal obligation cast on them and violative of Articles 14, 19, 21 & 300A of Constitution of India and consequently direct the respondents to pay the compensation to the petitioner under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, (No.30) of 2013 and also direct the respondents to pay an amount of Rs.25,00,000/- to the petitioner towards cost of the land including structure and also a sum of Rs.5,00,000/- towards the damages and mental agony caused to the petitioner and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case..."

2. The petitioner is the absolute owner and possessor of the

property to an extent of 146 square yards in SR.No.65 at

Sanivarapupeta, Eluru, West Godavari District. In the said property,

the petitioner has constructed a building consisting of three shops in

the year 1995, after obtaining the approval plan by the Panchayat,

Sanivarapupeta and since then, has been taking out his livelihood by

doing business without any interruption from anybody whatsoever by

paying the necessary taxes and charges to the concerned authorities.

3. While the matter being so, on 19.06.2016, the

respondents, without issuing any prior notice and without initiating

any land acquisition proceedings demolished the petitioner's RCC

Building and occupied the land in an extent of 37 sq. yards out of 146

sq. yards, for the purpose of road widening. By virtue of the said

demolition of a part of the building, the entire remaining portion also

got damaged. As such, the petitioner filed the present writ petition.

4. The learned counsel for the petitioner had relied upon a

judgment of the High Court of Telangana, at Hyderabad, in

Uppalapati Venkata Satyanarayana Prabhas Raju Vs. State of

Telangana, Represented by it Prl. Secretary, Revenue

Department, Hyderabad and others, wherein, the Court has held

that even the encroachers are vested with certain rights, such as a

right of notice before eviction, passing of an order and the remedies of

appeal and revision.

5. The respondent No.3-District Collector, filed a counter

stating that the requisition department i.e., Roads & Buildings

Department (Executive Engineer, R&B, Eluru) have filed requisition

for land of Ac.77.38 cents in R.S.Nos.62, 63, 64, 78 and 79, for

widening and strengthening of Nuziveedu-Eluru Road from 31/0 to

35/708. Accordingly, the Revenue Divisional Officer, Eluru was

appointed as L.A.O. to initiate L.A. proceedings as per the provisions

made in the RFCLAR&R Act, 2013 vide West Godavari Collector's

proceedings No.Roc E-Computer No.G1/160842/2016, dated

26.07.2016, basing on the requisition made by the Executive

Engineer, R&B, Eluru. In these proceedings, it was directed the L.A.O

& R.D.O., Eluru to estimate the value of the land as per the L.P.

Schedules furnished by the R&B Department and intimate the same

for deposit of the amount as per the provisions made in the New L.A.

R&R Act, 2013 r/w L.A. Rules-2014. The Executive Engineer, R&B

Division, Eluru was directed to deposit the required funds with the

LAO & RDO, Eluru. The L.A. Proceedings are at pre. P.N. stage.

6. It is further stated in the counter that the main

contention of the petitioner in this affidavit is that his RCC building in

SR.No.65 situated at Sanivarapupeta village of Eluru Mandal was

demolished without issuing any prior notice and without following

procedure as per the Land Acquisition Act and that the Requisition

Department i.e., Executive Engineer, R&B, Eluru has not filed any

requisition for acquisition of land of the petitioner in the said survey

number and no L.A. proceedings have been initiated for acquisition of

the petitioner's land. It is also stated that the Requisition Department

has filed requisition only for acquisition of lands pertaining to

R.S.Nos. 62, 63, 64, 78 and 79 situated in Sanivarapupeta village for

widening and strengthening of Nuziveedu-Eluru Road whereas the

petitioner affidavit shows that his land is located in SR.No.65. The

Requisition Department has not filed requisition for acquisition of

land in the R.S.No.65.

7. In view of the facts stated in the counter affidavit, it

appears that the respondents herein have not acquired any land in

R.S.No.65 and have not interfered into the petitioner's possession.

8. Recording the same, this Court feels it appropriate to

dispose of the writ petition by directing the respondents not to

interfere with regard to the scheduled RCC building bearing D.No.6-

132 in SR.No.65, situated at Sanivarapupeta, Eluru, West Godavari

District, without following due process of law.

9. Accordingly, with the above direction, writ petition is

disposed of. There shall be no order as to costs.

Consequently, miscellaneous applications, pending, if any, shall

also stand closed.

____________________________________ SMT. JUSTICE V. SUJATHA GSS.

THE HON'BLE SMT JUSTICE V. SUJATHA

Writ Petition No. 35254 of 2016

GSS