Y.Pydiraju,Visakhapatnam District And 4 Others v. The Govt Of Ap., Revenue (L.A.)., Hyderabad And 3 Others

HONOURABLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 1467 of 2007 DATED: 25-1-2007 Between:

Y.Pydiraju and others

...Petitioners

and The Government of Andhra Pradesh, represented by its Principal Secretary, Revenue (Land Acquisition), Hyderabad and others.

...Respondents.

HON'BLE SRI JUSTICE GODA RAGHURAM W.P.No. 1467 of 2007 ORAL ORDER:

The petitioners lands are sought to be acquired by the issuance of a notification, dated 6-7-2006, under Section 4 (1) of the Land Acquisition Act, 1894 (for short 'the Act'). Urgency clause has been invoked under Section 17 (4) of the Act and enquiry under Section 5-A of the Act has been dispensed with mechanically without due application of mind, is the complaint. The draft notification under Section 6 of the Act has been issued on 14-9-2006. The impugned notification states that the acquisition is for a public purpose i.e., for Extension of Special Economic Zone for APIIC, Visakhapatnam. This requirement is not of such an emergent nature as would justify invocation of the urgency clause and dispensing with the enquiry under Section 5-A of the Act.

The enquiry under Section 5A of the Act is a salutary statutory provision intended for affording a reasonable opportunity to the owners of the lands to object to the acquisition on any relevant grounds as they wish to submit. In the aforesaid circumstances, the decision in the impugned notification to invoke the urgency clause and dispensing with the enquiry under Section 5-A of the Act is declared irrational and unsustainable. The respondents are directed to issue notice to the petitioners for submission of objections, if any, to the proposal to acquire the lands.

appropriate decision taken duly communicating the decision to the petitioners simultaneously with the recommendations made after the enquiry under Section 5-A of the Act by the acquiring authority. The petitioners shall not be dispossessed pending communication of the decision to them consequent on the enquiry under Section 5-A of the Act. The draft declaration dated 14-9-2006 issued under Section 6 of the Act, is quashed.

The writ petition is disposed of as above at the stage of admission, after hearing the learned counsel for the petitioners and the learned Government pleader for Land Acquisition. There shall, however, be no order as to costs.

________________ GODA RAGHURAM, J 25-1-2007 GRR