LAWS(APH)-2012-12-28

MADALA SUBBA RAO Vs. GOVERNMENT OF A.P.

Decided On December 19, 2012
Madala Subba Rao Appellant
V/S
GOVERNMENT OF A.P. Respondents

JUDGEMENT

(1.) These two Writ Petitions are filed feeling aggrieved by the action of the respondents in not holding the enquiry under Section 5-A of the Land Acquisition Act, 1894 (for short 'the Act') and publishing the declaration under Section 6 of the Act.

(2.) Certain lands belonging to the petitioners were notified for acquisition under notification, dated 09.03.2011, issued under Section 4(1) of the Act for the purpose of Gundlakamma reservoir project. It is the pleaded case of the petitioners that even though the notification issued under Section 4(1) of the Act has not dispensed with the enquiry under Section 5-A of the Act, no such enquiry was held and declaration under Section 6 of the Act was however published on 04.05.2011.

(3.) In the counter-affidavit filed on behalf of the respondents, while conceding that the notification issued under Section 4(1) of the Act has not dispensed with the enquiry under Section 5-A of the Act, it was however pleaded that even though the ryots of Duddukuru Village have filed a representation before the District Collector, Ongole, on 13.04.2011, they have not filed specific objections for holding an enquiry and hence, the enquiry under Section 5-A of the Act is not held.