GONGULURI SRINIVASA SHARMA Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The land admeasuring about Acs.25.00 in different Survey Numbers of Bhagyath Village, Uppal Mandal, Ranga Reddy District was owned by one Mr.Gonguluri Ramakishtaiah, the grand father of the petitioners herein. He filed a declaration under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act'). When the declaration was under process, Ramakishtaiah died on 08.01.1991. Obviously not being aware of the death of the declarant, the Special Officer and Competent Authority, 2nd respondent herein passed an order dated 25.02.1991 holding that the declarant possesses the land in excess of ceiling limits. The petitioners state that they succeeded to the estate of Ramakishtaiah.

(2.) The Government issued notification under Section 4(1) of the Land Acquisition Act on 05.07.2006 proposing to acquire the land admeasuring Ac.4.25 guntas in Survey Nos.326 and 329. Declaration under Section 6 of that Act was also issued. The petitioners participated in the award of enquiry and made claim for payment of compensation. At that stage, the 2nd respondent issued proceedings dated 05.02.2008 under Section 10(6) of the Act directing that the land to an extent of 90,647.35 square meters situated in various survey numbers including the one in Survey Nos.326 and 329 admeasuring Ac.4.25 guntas vested in the Government, on the ground that no representation was received in reply to the notice dated 03.01.2008 issued under Section 10(5) of the Act. The result thereof is that the petitioners were denied compensation for the land. Hence, this writ petition.

(3.) The petitioners contend that all the orders passed by the 2nd respondent be it under Section 8(4) of the Act or under different sub-sections of Section 10 of the Act are subsequent to the death of the declarant and that proceedings are void abinitio. It is also stated that the 2nd respondent was aware of the death of the declarant and still he proceeded to pass the impugned order only with a view to deprive the petitioners of their right to receive the compensation.