MANAGING DIRECTOR Vs. KONDURU PADMAVATHI
HIGH COURT OF ANDHRA PRADESH
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ARUP KUMAR GOSWAMI, C.J. -
(1.)W.A.No.172 of 2019is preferred against a judgment and order dtd. 29/4/2014
passed by a learned single Judge in W.P.No.24548 of 2006, whereby the learned
Judge, relying upon the decision of the Hon'ble Supreme Court in the case of
Pune Municipal Corporation v. Harakchand Misirimal Solanki,reported in (2014) 3
SCC 183, allowed the writ petition holding and directing as follows:
"7. In the instant case also though the Sub-Collector-cum-Land Acquisition Officer passed award as long back as on 23/12/2006, as per the said award the authorities kept the compensation amount in revenue deposit. In view of the mandatory provisions of the new legislation 2013 and in view of the law laid down by the Hon'ble Supreme Court in the above referred judgment, such revenue deposit would not amount to payment of amount of compensation to the petitioner and in the considered opinion of this Court, the impugned proceedings, which culminated in the award dtd. 23/12/2006 cannot stand for judicial scrutiny, and the same are liable to be invalidated.
8. For the aforesaid reasons and having regard to the principles laid down by the Hon'ble Supreme Court in the above referred judgment, this writ petition is allowed and the impugned proceedings, which culminated in passing of award by the Sub-Collector, Gudur-cum-Land Acquisition Officer vide proceedings Rc.No.A 2688/2006 (Award No.34/2007-07) are hereby quashed.
However, it is open for the respondent-authorities to initiate fresh proceedings, if they choose to do so, for acquiring the land. No order as to costs. As a sequel, W.P.M.Ps. if any shall stand closed."
(2.)W.A.No.167 of 2019 is preferred against a judgment and order dtd. 29/4/2014
passed in W.P.No.24547 of 2006, disposing of the writ petition in similar terms
as in W.P.No.24548 of 2006.
(3.)Learned counsel for the parties submit that the issue involved in both the writ
petitions is same and for the purpose of disposal of the appeals, they are
relying on the factual matrix as presented in W.P.No.24548 of 2006.
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