PENDYALA SUBRAHMANYA SASTRY Vs. R

JUDGEMENT

(1.) The petitioner's mother was absolute owner and possessor of agricultural land admeasuring Ac.1.02 cents comprised in Sy.No.193/1 situated at Gudivada town in Krishna District. The land was acquired by following due process of law as contemplated under the provisions of the Land Acquisition Act, 1894 ('the Act') and an award was passed by the Land Acquisition Officer, the first respondent herein on 31-8-1988 awarding an amount of Rs.4,62,625/-. While publishing notification under Section 4(1) of the Act, invoking the powers under Section 17(4) of the Act, enquiry under Section 5-A was dispensed with and possession was taken on 11-11-1982.

(2.) The petitioner's mother sought a reference under Section 18 of the Act. Accordingly, the matter was referred to the Court of the Principal Senior Civil Judge, Gudivada as O.P.No.55 of 1989.The same is pending. Be that as it is, the petitioner's mother died on 27-5-1996. The petitioner, therefore, filed the instant writ petition seeking a declaration that the notification issued by the first respondent under Section 4(1) of the Act on 5-5-1986 as illegal and arbitrary and for a consequential direction to the respondents to re-deliver possession of the land by accepting refund of compensation.

(3.) A counter affidavit is filed on behalf of respondents 2 and 3.It is stated that the land was acquired by the first respondent for the Department of Telecommunications, Govt. of India, for a public purpose, to wit, for construction of a telephone exchange and staff quarters at Gudivada. Award No.3 of 1988 was passed on 31-8-1988 and due to budgetary constraints, the work of construction of telephone exchange and staff quarters could not be taken up. It is also stated that some of the land owners whose lands were also acquired, filed writ petitions being W.P.Nos.163 and 2989 of 1983 seeking re-delivery of land to them and the same were dismissed. It is also stated that the purpose for which the land was acquired has not been shelved and that drawings and building proposals are under active consideration of the Chief Architect, Hyderabad.