Andhra Pradesh High Court - Amravati
Nandimandalam Parvathamma vs M Raja Ramesh Prem Kumar on 26 October, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE: C.C. No.5603 of 2023
PROCEEDING SHEET
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23 26.10.2024 TRR, J
The Hon'ble Apex Court in Civil Appeal No.9288 Transferred
to the IO
of 2017 in SLP (C) No.30562 of 2016 passed orders on folder
19.07.2017, enhancing compensation for trees. Basing
upon the decision of the Hon'ble Apex Court, the
petitioners herein made an application under Section
28A of the Land Acquisition Act to enhance the
compensation for the trees. The said application was
rejected by the Special Deputy Collector. Assailing the
said order, W.P.No.45201 of 2018 was filed before this
Court and this Court, vide order dated 13.02.2023, by
relying on the judgment of the Hon'ble Apex Court in
H.D.Vora v. State of Maharashtra and others [1984 AIR
866] allowed the said Writ Petition and directed the
respondent-authorities to pay compensation for the
trees, and observing that denying the compensation for
the acquired land on account of delay is unsustainable.
The respondent authorities have filed intra-court
appeal, vide W.A.No.1220 of 2023 and the same was
dismissed vide judgment dated 05.01.2024.
Subsequently, the petitioners herein have filed the
present Contempt Case No.5603 of 2023 for
implementation of the orders of this Court.
Smt. Sravana Sandhya, learned counsel
appearing for respondents 1 and 2 filed proceedings in
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Rc.A/544/2003 dated 26.10.2024, which was addressed
by the Special Deputy Collector (LA), Telugu Ganga
Project, Rapur at Nellore.
As seen from the said proceedings, it conveys
that the Government had issued G.O.Rt.No.370 dated
16.10.2024, according sanction for an amount of
Rs.1,24,68,333/- towards payment of balance decretal
charges to be paid to the petitioners pertaining to trees
existing in Nelapalli village of Rapur Mandal in
Sy.No.171 for foreshore submersion of Kandaleru
Reservoir under Telugu Ganga Project, vide Award
NO.12/1991-92 dated 30.01.1992 subject to conditional
clause that the amount will be paid subject to finalization
of appeal petition filed in the Hon'ble Apex Court vide
Dairy No.9682/2024 & SLP(C) No.7702/2024.
Learned counsel appearing for the petitioners
would request this Court to implead the Principal
Secretary, Water Resources Department and Principal
Secretary of Finance Department as suo moto, who are
the concerned officers to implement the orders of this
Court and relied on the proceedings of this Court in
C.C.No.1083 of 2023, where a leaned Single Judge of
this Court suo moto impleaded the contemnors therein
as per the requirement.
In view of the said proceedings filed by Smt.
Sravana Sandhya, learned counsel appearing for the
respondents 1 and 2, this Court suo moto impleads Sri
G.Sai Prasad, Principal Secretary, Water Resource
Department, and Sri Peeyush Kumar, Principal
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Secretary, Finance Department, who have to implement
the orders of this Court. Accordingly, the above two
officers are impleaded to the present Contempt Case.
As directed by this Court, respondents 1 and 2
appeared before this Court today and their presence is
dispensed with for the present.
Office is directed to issue notice to the suo moto
impleaded respondents.
Leaned counsel for the respondents is directed to
convey the same to the said officers.
List the matter after two weeks.
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TRR,J
siva
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