OBLISETTY MANAGATAYARU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) Sri Venkateswara Swamy Temple, at Dwaraka Tirumala Village, West-Godavari District, is an important Hindu Religious Institution, in the State of Andhra Pradesh. For the development of the Temple, it became necessary to acquire the neighbouring buildings over an extent of Ac.0.49 1/2 cents, and vacant lands of 20 acres in Dwaraka Tirumal Village and 103 acres in Dorasanampadu Village. As regards Ac.0.49 1/2 cents covered by buildings and thatched sheds, notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was issued in G.O.Ms. No. 233, Revenue (Endowment.IV) Department, dated 23-02-2005, by the Government of Andhra Pradesh. For the vacant lands, referred to above, notification was issued in G.O.Ms. No. 170, dated 02-02-2005, by the same department. By invoking Sub-section (4) of Section 17 of the Act, enquiry under Section 5-A of the Act was dispensed with, in respect of lands, covered by both the notifications. Declarations under Section 6 were published on 10-03-2005 and 16-03-2005, respectively.

(2.) The petitioners in W.P. No. 10145 of 2007 are owners of properties constructed upon 10 1/2 cents of land covered by notification in G.O.Ms. No. 233. Petitioners in the other writ petitions are the owners of the land to the extent of about 49 acres. All the petitioners herein together with certain others filed W.P. No. 5784 of 2005 and batch, challenging the acquisition proceedings on various grounds. Their principal contention was that the matter pertaining to acquisition of the lands for the Temple was pending for the last several years, and that there is no justification for dispensing with the enquiry under Section 5-A of the Act. Other grounds were also urged.

(3.) Through common order dated 29-08-2005, this Court disposed of the writ petitions, repelling various contentions, but directing that the enquiry under Section 5-A of the Act, be held. During the pendency of the batch of writ petitions, awards in respect of other properties and lands, not covered by them, were passed. Writ Appeal No. 2133 of 2005 filed by one of the aggrieved parties was disposed of, leaving it open to the appellant therein to raise her objections during the course of enquiry under Section 5-A of the Act.