BALAJOJAMMA O Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) All these writ petitions can be disposed of by this common order. The petitioners in all the writ petitions are the owners of various extents of land situate in Pasupula and B. Thandrapadu villages in Kurnool District. Writ Petition No. 16805 of 1997 was filed by M/s. Chalapathi Housing Finance Private Limited., which holds an agreement of sale in respect of Ac. 12-44 cents of land.

(2.) The averments in all the writ petitions are that the petitioners are the owners of the land of an extent of Ac. 30-87 cents. The Government issued Section 4(1) Notification under Land Acquisition Act, 1894 (the Act, for short) in G.O.Rt.No. 508 Education Department dated: 23-3-1994 and published in A.P. Gazette dated 5-4-1994 proposing to acquire a total extent of Ac. 112-51 cents and Ac. 45-79 cents of land situated in Pasupula and B. Thandrapadu villages respectively in Kurnool District for the purpose of establishing a P.G. Centre for Sri Krishnadevaraya University (the University, for short), Section 6 declaration was issued on 5-5-1994 and urgency clause was invoked under Section 17 of the Act duly dispensing with the enquiry under Section 5-A of the Act. The petitioners herein are the owners of various extents of land out of the land proposed for acquisition, having total extent of Ac. 30-87 cents and the W.Ps. are filed challenging the notification to the extent of only Ac. 30-87 cents. According to the petitioners there was no proper publication of notices and actual possession of the land to an extent of Ac. 30-87 cents was not taken and they have been agitating for payment of 80% compensation which is a precondition under Section 17(3-A) of the Act and, therefore, until and unless the said amount is offered or paid, they requested the authorities not to take possession of the land. On the request of the petitioners the University has written letters to the Land Acquisition Officer on 25-11-1995 and 12-12-1995 requesting the RDO to delete an extent of Ac. 30-87 cents of land from the acquisition proceedings in view of the request made by the petitioner in W.P. No. 16805 of 1997 and also expected litigation between the parties. On the basis of the said requests a joint meeting was convened on 16-12-1995 between the Joint Collector, Kurnool, Vice-Chancellor of the University and the R.D.O., Kurnool wherein a decision was taken to keep in abeyance passing of the award in respect of the disputed Ac. 30.87 cents of land. Therefore, the Land Acquisition Officer passed award on 20-12-1995 in respect of Ac. 87-96 cents of land excluding the area of Ac. 30-87 cents as per the decision taken on 16-12-1995. Thereafter the University again requested the LAO on 16-11-1996 to delete the area of Ac. 30-87 cents from acquisition proceedings. It appears a news item appeared on 23-1-1997 in Vaartha daily Newspaper wherein it was alleged that the University had colluded with the staff of the Revenue Department with regard to plotting of land by M/s. Chalapathi Housing and Finance Private Limited. On the said news item the University wrote a letter on 25-1-1997 to the Joint Collector to pass award in respect of entire extent Ac. 158-40 cents of land including the disputed Ac. 30-87 cents of land as notified on 5-4-1994. Accordingly the Land Acquisition Officer passed an award on 31-7-1997 in respect of Ac. 30-87 cents of the land in question. In the meanwhile the petitioners filed writ petitions and this Court granted interim stay of dispossession. Subsequently some more writ petitions were filed challenging the very same notification issued under Section 4(1) of the Act and, therefore, all the writ petitions came to be heard jointly.

(3.) In the counter filed by the Land Acquisition Officer, it is stated that Section 4(1) Notification was issued on 5-4-1994, Section 6 declaration was issued on 5-5-1994, publication in two daily newspapers was made on 31-5-1994 and 13-6-1994 and as urgency clause was invoked possession of the land was taken and handed over to the University on 21-9-1994. In the meeting held on 16-12-1995, it was decided to keep in abeyance the passing of the award in respect of Ac. 30-87 cents of land for which protest was made by the Managing Director of M/s. Chalapathi Housing and Finance Pvt. Limited and other land owners covering the said area. Since a request was received from the University to proceed with the acquisition proceedings in respect of Ac. 30-87 cents also, an award was passed on 31-7-1997. Therefore, there is no illegality or irregularity in the conduct of acquisition proceedings in respect of the said land.