A KRISHNAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These two writ petitions relate to acquisition of land for purposes of the Tirumals Tirupathi Devasthanams (hereinafter called 'the TTD)on the Tirumala Hills immediatel adjacent to the main temple and close to the queue complex which has been built by the T.T.D. investing several crores of rupees. The land and buildings sought to be acquiree are in South Mada Street, Tirumala. In W.P.No.2631/1986, the petitioners claim a write of mandamus, declaring the notification issued under Section 4(1) of the Land Acquisition Act(forshort 'the Act') dated 25-5-1985 issued in G.O.Ms.No.605,Revenue (Endts.III) Department (Published in the Newspaper dated 23-6-1985) to be invalid. They also sees a declaration that the subsequent declaration made by the Government under Sec.6 on the Act (Published in the Newspaper dated 27-2-1986) is also illegal. The building which are concerned, bear Door No. 10/42 to 10/52 in Ward No.3 Block-H, in T.SNo.14 2 of Tirumala Hills. InW.P.No. 1712/86, the sole petitioner is also questioning the same notification and declaration in respect of the land and building covered by T.S.No.8/ Ward No.3, Block-H measuring an extent of 0.01.91.00 h.a. at Tirumala Hills.

(2.) At the outset, we may state that in Padmanabha Iyengar vs. Government of A.P. a Division Bench of this court consisting of Jeevan Reddy, J(as he then was) as Syed Shah Mohammad Quadri J, upheld several other notifications relating to the lan. acquisition on the Tirumala Hills and in respect of lands and buildings acquired on the North Mada Street, East Mada Street, South Mada Street and West Mada Street on the Tirumala Hills. That Judgment contains the entire history of the title to variov properties on the Tirumala Hills and various acquisitions made on the Hills from times to time for the purpose of implementing the Master Plan for the integrated developmer of the Tirumala. We shall have occasion to refer to the points decided in the said judgment during our ensuring discussion.

(3.) The notification in question issued under Sec. 4(1) of the Act is in G.O.Ms.No. 605, Revenue (Endts.III) Department, dated 25-5-1985. It is stated that the lands are needed for "public and pilgrims" purpose, to wit, for implementing the master plan by T.T.Devasthanams". Under the same notification, enquiry under Section 5-A of the Act was dispensed with the exercise of powers under Section 17 of the Act. Initially, a draft declaration under Section 6 of the Act was also issued on the same day. Subsequently, the petitioners filed W.P.No. 6471/85 which was allowed at the stage of admission on 27-6-85 to the extent of quashing the declaration made under Section 6 of the Act and directing enquiry under Section 5-A of the Act. Thereafter, admittedly the claimants have filed their objections on 23-7-1985 enquiry under Section 5-A was conducted on 29-8-85 and a further declaration under Section 6 of the Act dated 17-10-1985 was published in the newspaper on 27-2-1986. The declaration under Section 6 has mentioned the purpose of acquisition as follows:-