KSLLURI PAPPAYYASASTRY Vs. DISTRICT COLLECTOR WEST GODAVARI

JUDGEMENT

(1.) THIS writ petition is filed for a mandamus to declare that the enquiry held under Section 5-A of the Land Acquisition Act, 1894 (for short 'the Act') in pursuance of notification, dated 30.6.2006, issued by respondent No.1 under Section 4(1) of the Act is vitiated by procedural illegality.

(2.) THE petitioners own an extent of Acs.4.00 of land in Survey Nos.125/1 and 2A of Peddevam Village, Tallapudi Mandal, West Godavari District. Notification, dated 30.6.2006, was issued by respondent No.1 under Section 4(1) of the Act proposing to acquire the said land for the purpose of providing house sites to the weaker sections of the village. THE said notification was published in the District Gazette on 3.7.2006. As the land comprises coconut garden, the petitioners filed WP No. 16894 of 2006, questioning the said notification. THE said writ petition was dismissed by this Court by order, dated 14.8.2006, observing that the petitioners can raise objections relating to suitability or otherwise of the land for providing house sites in the enquiry to be held under Section 5-A of the Act. It appears that an enquiry was held for 31.7.2006 and as the petitioners failed to attend enquiry on that date, it was construed that they have no objection for acquiring the land and accordingly, respondent No.2 has issued endorsement, dated 27.8.2006. However, it is not in dispute that on 21.8.2006, the petitioners have filed their objections, which were not considered by Respondent No.2. Respondent No.1 issued declaration under Section 6 of the Act on 8.9.2006.

(3.) IT is further stated in the counter-affidavit that as the petitioners failed to attend the enquiry on 31.7.2006 and submitted their objections on 21.8.2006 i.e., beyond the time permitted, those objections were not taken into consideration and declaration under Section 6 of the Act was published in the Gazette, Newspapers and substance in the locality as required under the provisions of the Act on 30.9.2006.