SINGARENI COLLIERIES CO. LTD. Vs. VEMUGANTI RAMAKRISHAN RAO

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of a judgment and order dated 7th September 2006 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Appeal No.936 of 2006 and an order dated 21st August 2009 passed in W.A.M.P. No.2901 of 2008 in W.A. No.936 of 2006 whereby the High Court has dismissed the Writ Appeal and the review petition filed by the appellant holding that the LAO/Collector, Land Acquisition having made the Award beyond the period of two years stipulated in Section 11-A of the Land Acquisition Act, the acquisition proceedings initiated by the authorities have lapsed.

(3.) The appellant happens to be a Government company engaged in coal mining operations in the State of Andhra Pradesh. In terms of a notification dated 30th August, 1992 issued under Section 4(1) of the Land Acquisition Act, a large extent of land measuring 35 acres and 09 gts. in Survey Nos.285, 287 and 288 situated in village Jallaram, Kamanpur Mandal and Karimnagar Districts was notified for acquisition for the benefit of the appellant-company. A final declaration in terms of Section 6 was made on 2nd March, 1994, the validity whereof was assailed by four owners (Pattadars), respondents in this appeal in Writ Petition No.27/483 of 1995 primarily on the ground that the declaration under Section 6 had been issued beyond the period of limitation stipulated for the purpose. An application for interim stay was also moved by the writ-petitioners, in which a Single Judge of the High Court of Andhra Pradesh granted an interim stay on 6th September, 1995. The writ petition was finally dismissed by the High Court by a judgment and order dated 20th July, 1999. Aggrieved by the said order of dismissal the respondent filed Writ Appeal No.1228 of 1999 which too failed and was dismissed by the Division Bench on 13th August, 1999.