LAWS(APH)-2002-10-7

M L RAMALAKSHMI Vs. GOVERNMENT OF A P

Decided On October 22, 2002
M.L.RAMALAKSHMI Appellant
V/S
GOVERNMENT OF A.P. Respondents

JUDGEMENT

(1.) The petitioner is the owner of the property bearing D.No. 10/61, situated at T.S. No.8/1, Ward No.3, Block H, Tirumala Hills, Chittoor District. The premises comprise of commercial as well as residential portions. The same is sought to be acquired by the respondents. Notification under Section 4(1) of the Land Acquisition Act (for short 'the Act') was published in the Gazette on 13-6-2001. Enquiry under Section 5-A of the Act was held. The petitioner submitted a detailed representation during the course of enquiry under Section 5-A. The respondents ultimately issued and published declaration under Section 6 of the Act on 16-7-2002. The petitioner challenges the validity of the proceedings on several grounds.

(2.) It is mainly contended that the notification under Section 6 of the Act was issued beyond the time stipulated under the Act, mere existence of Master Plan was not sufficient unless the details thereof were furnished in the relevant notifications themselves and that there was no objective consideration of the various grounds raised by the petitioner during the course of enquiry under Section 5-A of the Act.

(3.) A counter affidavit has been filed by the respondents. It is stated that the Master Plan for development of Tirumala was prepared long back and it was in the course of implementation thereof that the land of the petitioner together with the structures were sought to be acquired. It is stated that the substance of the Notification under Section 4(1) was published on 18-7-2001 and inasmuch as the declaration under Section 6 was published on 16-7-2002 i.e., within one year, there is compliance of the provisions of Section 6(1) of the Act. It is also stated that all the objections raised by the petitioner were considered and it is only thereafter that the declaration under Section 6 was published.