SANJIVAIAH NAGAR DEPRESSED AND BACKWARD CLASSES DEVELOPMENT SANGH Vs. DISTRICT COLLECTOR HYDERABAD DISTRICT

JUDGEMENT

(1.) As common question 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 S. 4 (1) of the land Acquisition Act 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 landless workers the following lands in east Marred pally, Secunderabad Taluk, Hyderabad district: Dry S. No. 9 5.01 Acres Dry S. No. 59 4.09 " Dry S. No. 60 3.21 " Total: ___________ 12.31 Acres ___________

(3.) Under Sub-sec. (4) of s. 17 of the Act, the District collector directed that in view of the urgency of the case the provisions of S. 5-A of the Act should not apply to the case. In the same Gazette dated 12-5-1979, a declaration made under S. 6 of the Act was also published with regard tot he 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 S. 9 (1) of the Act. A notice was published under S. 9 (1) of the Act on 12-6-1979.