GOVERNMENT OF ANDHRA PRADESH Vs. CH VINODA

JUDGEMENT

(1.) This petition is filed with a prayer to review the order, dated 04.06.2010 in W.P. No. 10844 of 2007. The Respondents in the writ petition are Petitioners herein. For the sake of convenience, the parties are referred to as arrayed in the writ petition.

(2.) The lands of the writ Petitioners admeasuring about Acs. 30.00 were notified for acquisition on 05.03.2005, under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act'). Declaration under Section 6 of the Act, was published on 16.04.2005. The Petitioners filed W.P. No. 9879 of 2005 challenging the notification. That writ petition was disposed of, on 25.11.2005, setting aside the declaration under Section 6 of the Act, and directing that the Respondents shall conduct enquiry under Section 5-A of the Act.

(3.) The Respondents issued a notice dated 15.05.2007 proposing to conduct the enquiry. W.P. No. 10844 of 2007 was filed challenging the same. The principal contention of the Petitioners was that the period stipulated under the first proviso to Section 6 of the Act, namely one year from the date of notification under Section 4(1) of the Act, had expired and that it is not permissible for the Respondents to take any further steps, for the purpose of issuing declaration under Section 6 of the Act. The said writ petition was allowed on finding that the period stipulated under proviso to Section 6 of the Act, had expired.