VIJAYAWADA: A division bench of the HC on Thursday extended its interim order directing the authorities to maintain status quo over the land belonging to Penumaka farmer Chodishetty Nirmala, whose property is proposed to be acquired for the Seed Access Road under the Amaravati capital city project.
The Bench, comprising Justice Ravi Nath Tilhari and Justice Chintalapudi Purushotham Kumar, observed that no person’s property can be taken away without the authority of law.
It clarified that even the acquisition of a very small portion of land must strictly comply with the legal procedure prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The High Court observed that while the government can acquire land for public purposes, it must strictly follow the law.
It said the right to property applies regardless of the extent of land involved and cannot be ignored in the name of public interest. The Bench also held that the petitioner’s challenge over procedural lapses warranted consideration.
They said the issue of whether the statutory provisions had been complied with would be decided in the pending writ petition.
The bench directed the Single Judge to hear and decide within a week the interlocutory application filed by Nirmala seeking to restrain the authorities from proceeding with the land acquisition after the government files its counter affidavit. Until then, the earlier status quo order will remain in force.
Nirmala had challenged the acquisition of her 65 cents of land in Survey No. 39-2 of Penumaka village in Tadepalli mandal, Guntur district, alleging that the government initiated acquisition proceedings for the Seed Access Road without paying compensation.
She had appealed after a Single Judge declined to interfere with the acquisition process on public interest grounds.