Authorities cannot dispossess or demolish property without following the provisions of Acquisition Act

Andhra Pradesh High Court Halts Unlawful Property Demolition Efforts. Court mandates adherence to the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013

In a significant ruling, the Andhra Pradesh High Court has intervened to prevent the state authorities from proceeding with the demolition of property belonging to Raja Reddy and Others, petitioners in the case, without following due legal procedures. The judgment, delivered by Justice Sri Harinath.N, emphasizes the necessity for governmental bodies to comply with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, before undertaking any dispossession or demolition for public purposes such as road widening.

The dispute arose when the petitioners received a notice on October 6, 2025, from the state authorities alleging that their building encroached on the road margin and posed a danger, necessitating demolition. In response, Raja Reddy filed a writ petition challenging this notice, which was disposed of on October 17, 2025, with the court directing the authorities to refrain from dispossessing the petitioners without adhering to legal protocols.

Despite this prior directive, the authorities issued another notice on the same day, reiterating the structure's precarious condition, although the petitioners contend that no such building exists, apart from a compound wall. The court's judgment criticized the authorities for employing "innovative methods" to acquire property without proper compliance with statutory requirements.

Justice Harinath.N underscored the importance of following the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, should the property be required for road widening or any other public purpose. The court's ruling firmly prohibits the authorities from demolishing the compound wall or dispossessing the petitioners without observing the legal framework set by the Act.

This judgment reaffirms the legal protections afforded to property owners under the Act, ensuring that any acquisition for public use is conducted transparently and fairly, with adequate compensation provided to affected parties. The court’s decision is a reminder to authorities about the importance of adhering to legal processes in the interest of justice and fairness.

Bottom Line:

Authorities cannot dispossess or demolish property without following the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Statutory provision(s): Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Raja Reddy v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2807781