SANGH Vs. DISTRICT COILECLOR

JUDGEMENT

(1.) As common questions arise in both the writ appeal and the writ petition, they are heard together and disposed of by this common judgment.

(2.) The relevant facts leading to the filing of the writ petition are as follows:The District Collector, Hyderabad by Memo No : D4/1977 1978 dated 4-5-1979 published a notification in the Hyderabad District Gazette dated 12-5-1979 under Section 4 (1) of the LAND ACQUISITION ACT, 1894 1/1894 (hereinafter called "the Act" as amended by the Land Acquisition (Amendment) Act 38/1923 and by Ordinance No: 12/75, that they proposed to acquire for a public purpose, viz., for providing house sites to scheduled Castes, scheduled Tribes, Backward Classes and Lard less workers, the following lands in East Maredpally, Secunderabad Taluk, Hyderabad district: <FRM>JUDGEMENT_223_ALT2_1982Html1.htm</FRM>

(3.) Under sub-section (4) of Section 17 of the Act, the District Collector directed that in view of the urgency of the case the provisions of section 5-A of the Act should not apply to the case. In the same Gazette dated 12-5-1979, a declaration made under Section 6 of the Act was also published with regard to the said lands. Under the said notification, the District Collector appointed the District Social Welfare Officer (Landless workers scheme), Hyderabad District to take possession of the lands notified on the expiry of 15 days from the date of publication of the notice mentioned in Section 9 (1) of the Act. A notice was published under Section 9 (1) of the Act on 12-6-1979.