MADARNANCHI RAMA SWAMY DHARMASATRAM PRIVATE TRUST Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2022-3-48
HIGH COURT OF ANDHRA PRADESH
Decided on March 23,2022

Madarnanchi Rama Swamy Dharmasatram Private Trust Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) This Writ Petition is filed questioning the inaction of the respondents in not paying the compensation for the acquisition of land measuring Ac. 1-36 cents situated in Sy.Nos.720/ 1 and 721 in Prathipadu Revenue village, Guntur District.
(2.) This court has heard Sri Gudapati Venkateswara Rao, learned counsel for the petitioner, Sri P.Durga Prasad, learned standing counsel for respondents 1 to 3 and the learned Government Pleader for revenue for respondents 4 to 6.
(3.) Learned counsel for the petitioner points out that the petitioner is a private trust running a "Dharmasatram" / Choultry in the subject land and village. It is the owner of the land situated in Sy.Nos.720/ 1 and 721 in Prathipadu Revenue village, Guntur District. It is the case of the petitioner that the 2nd respondent Corporation has taken over the said land and established a bus station therein but has not paid them any compensation whatsoever. Learned counsel for the petitioner argues that once the land has been taken over and the bus stand has been constructed for the benefit of the public the respondents are bound to pay the compensation to the owners. Learned counsel for the petitioner submits that there is no dispute about the essential facts and that as the land was highhandedly taken over by the respondents for construction of a bus stand, they are bound to pay the compensation. While repelling the submissions made by the learned counsel for the respondents on the grounds of delay etc., it is argued that if there is a blatant violation of the rights of the petitioner, the delay should not be a ground to throw out the case. Learned counsel for the petitioner relied upon the following five judgments, which are filed along with a memo to argue that the petitioner's rights cannot be denied solely on the ground of delay. 1) N. Ananda Reddy v State of Andhra Pradesh, 2021SCC OnLine AP 2679 2) Vidya Devi v State of Himachal Pradesh and Others, (2020) 2 SCC 569 3) The Secretary to Government of A.P., I and CAD, Department, Hyderabad and Others v Lavudi Lakya and others[1] [1] W.A.No.548 of 2004 of High Court of A.P., 4) E.P. Vinaya Sagar v Land Acquistion Officer-cum-Revenue Divisional Officer, Kamareddy, Nizamabad and Others, 2008 SCC OnLine AP 56 5) Gourishetti Narayana v special Deputy Collector (LA and R and R) Sripadasagar (Yellampally) Project, Mancherial, Adilabad and Others, 2014 SCC OnLine AP 1416 ;


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