VYTLA SOMESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) ALL these writ petitions are filed assailing the proceedings initiated for acquisition of Ac.161-45 cents of land situated in Balabadrapuram Village, Bikkavolu Mandal, East Godavari District vide Notification dated 31.07.2010 issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short, 'the Act'). Since common questions of fact and law arose for consideration, all the writ petitions are heard together and decided by this common order.

(2.) THE petitioners herein claim to be the owners and possessors of different extents of land sought to be acquired under the impugned notification dated 31.07.2010 for the purpose of establishing an industrial park by the A.P. Industrial Infrastructure Corporation Limited (for short, 'APIIC'). Having taken up the enquiry under Section 5-A of the Land Acquisition Act, 1894 the 3rd respondent by notice dated 2.8.2010 called upon the petitioners to submit their objections, if any. THE petitioners participated in the enquiry and opposed the acquisition on the ground that the lands in question were double crop wet lands and moreover the lands contained mineral resources. However the 2nd respondent by order dated 29.12.2010 rejected the objections raised by the petitioners and aggrieved by the same, the present writ petitions are filed.

(3.) IN the counter-affidavit filed on behalf of the 4th respondent - APIIC, it is explained that APIIC is a Nodal Agency for development of industrial park in the State, which would facilitate social economic progress by weeding out unemployment, generating revenue and bringing new opportunities for the public at large, thereby resulting in the furtherance of the public interest. For the said purpose, the APIIC makes requisitions to the State Government for patta land to be acquired under the provisions of the Land Acquisition Act, 1894 or Government land to be allotted under BSO 24. It is further stated that the lands acquired are to be used for development of industrial park duly allocating the same to entrepreneurs for setting up of various industries to promote the industrial sector. It is also stated that the APIIC is a Government company and does not fall within the meaning of the expression 'company' as defined in Section 3 (e) of the Act. So far as the information that was furnished to the petitioners under the Right to INformation Act, 2005, it is stated that merely because there was reference to two prospective allottees from APIIC, it did not mean that the acquisition was for a private company. The allegations of political interference and etc., have been categorically denied and it is stated that the decision to acquire the lands in question was approved by the Board of APIIC in its meeting held on 10.6.2010. It is also explained that there were hardly any lands available for allotment for industrial use at Samarlakota or nearby areas. INsofar as INdustrial Park, Peddapuram (Phase-I) is concerned, an extent of Ac. 122-00 cents was developed by the APIIC and allotted to several industrial units, out of which 47 are functioning and 7 are in the process of implementation. INsofar as INdustrial Park, Peddapuram (UDL) is concerned, an extent of Ac.1645-00 cents has been developed by the APIIC and allotted to 27 units, which are all functional and one unit is under implementation. Only an extent of about 87 acres is vacant in the aforementioned two industrial areas and the same is available for allotment. It is also stated that the lands in P.Perumallapuram, Thondangi (M), Ramanakkapeta, Mulapeta, Rama Raghavapuram, Seelamvari Palem, etc., U. Kothapalli (M) have not been acquired for the purpose of APIIC and the APIIC has nothing to do with the project KSEZ.