High Court Makes Key Observations on Property Rights
The Andhra Pradesh High Court has made significant observations regarding the acquisition of land for the Seed Access Road project in Penumaka village, which falls under the Amaravati Capital Region. A Division Bench clarified that the government cannot take possession of any person’s property without strictly following the procedure established by law. The court emphasized that the constitutional right to property applies regardless of how small the extent of land may be.
Land Acquisition Must Follow the 2013 Act
The High Court observed that while the government has the authority to acquire land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, it must strictly adhere to every procedure prescribed under the law. The Bench stated that merely possessing statutory power is not sufficient; the acquisition process must be carried out in complete compliance with legal requirements.
Petitioner’s Allegations Cannot Be Rejected at This Stage
The court noted that the petitioner’s allegations regarding the government’s failure to comply with mandatory legal procedures during the land acquisition process cannot be dismissed at this preliminary stage. It clarified that these issues will be examined in detail during the hearing of the main writ petition.
Status Quo Orders Extended
Pending the final hearing, the High Court extended the earlier status quo orders concerning the land belonging to Chodishetty Nirmala, a farmer from Penumaka village. The interim protection over her property will continue until further orders.
Single Judge Directed to Decide Interim Petition Quickly
The Division Bench also directed that, after the government files its counter affidavit, the Single Judge should complete the hearing on the interim application and deliver a decision within one week.
Background of the Case
The dispute relates to the proposed acquisition of 65 cents of land in Survey No. 39/2 at Penumaka village in Tadepalli Mandal, Guntur district, for the construction of the Seed Access Road in the Amaravati Capital Region. Landowner Chodishetty Nirmala approached the High Court challenging the acquisition process, alleging that the authorities had failed to follow the mandatory legal provisions under the 2013 Land Acquisition Act.
Interim Relief Comes as a Setback for the Government
With the High Court extending the status quo orders and reiterating the importance of following the due process prescribed by law, the interim relief has come as a setback for the Andhra Pradesh government. The final outcome will depend on the court’s examination of whether the land acquisition proceedings complied with the statutory provisions of the 2013 Act.
