Excerpt
A single-judge bench consisting of Honorable Justice Battu Devananda passed an order in Writ Petition no. 5662 of 2021 in Kottapalli Prabhavathi vs. The State of Andhra Pradesh.
Petitioner had filed the writ petition aggrieved by incorrect calculation of the value of land belong to Petitioner by the revenue authorities for the purpose of determining the competition that the Petitioner was entitled to.
Facts
In this case, the Petitioner was paid the compensation for the land acquired from them by the revenue authorities. The grievance of the petitioners was that the revenue authorities had failed to calculate the value of the land correctly while determining the compensation to be paid to the Petitioner under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Being aggrieved by this the Petitioner approached the court by the way of filing the Writ Petition and seeking appropriate directions from the court for the respondent.
Arguments Advanced
The learned counsel appearing for the petitioners submitted before the court that the land was incorrectly calculated due to which the compensation paid to the petitioners is to be revised. Therefore, a direction must be issued to the respondent to pay the balance amount of compensation to the petitioners by calculating the correct value of the land.
The learned Government pleader submitted before the court that as per the calculations made by the revenue authorities the appropriate amount of compensation has been credited to the bank account of the Petitioner. He further added that if there was any dispute regarding the incorrect calculation of the land by the revenue authorities, the petitioner was entitled to approach the Arbitrator by filing an appropriate application under section 3H 5 of the National Highways Act, 1956.
Court’s Decision
The court said that the interest of justice would be met by directing the petitioners to file an appropriate application under section 3H 5 of the National Highway acts,1956 and the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013, within 2 weeks from today before the arbitrator raising all the grievances. On receipt of such order, the arbitrator shall consider and dispose of the same in accordance with the provisions of the National Highway Act,1956 and the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of six weeks. Therefore, any application pending shall also stand closed and there will be no orders as to costs.
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