POTHINI VARAPRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These Writ Petitions raised common issues of law and fact. Hence, they are heard and disposed of together. I have heard Sri A. Ramalingeswara Rao, learned counsel for the petitioners and the learned Government Pleader for Land Acquisition, appearing for the respondents.

(2.) In all these Writ Petitions, the land acquisition proceedings for Lift-IV Canal of Tadipudi Lift Irrigation Scheme of Indira Sagar Project, is questioned by the petitioners. The draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") was issued on 2-11-2009 for a total extent of Ac. 450-00 in various survey numbers of different villages and the same was published as required under the said provision. The publication thereof was completed by 25-5-2010. Form-3 notices were issued to all the farmers on 4-7-2010 informing them that they can file their objections, if any, to the proposed acquisition if they intend to oppose the acquisition and attend the enquiry fixed for 5-8-2010.

(3.) It is an admitted fact that even though notices were received by the petitioners, they did not attend the enquiry under Section 5-A of the Act. However, on the objections filed by some of the farmers, enquiry was held in the village on 5-8-2010. The enquiry report submitted by the Special Deputy Collector (LA), Indira Sagar Project, Rajahmundry on 1-9-2010, was accepted by the Special Collector and the draft declaration was approved on 11-10-2001. The draft declaration was also published as per the statutory requirement and the publication was completed by 18-4-2011. Before completion of publication of the draft declaration, the petitioners have filed these Writ Petitions challenging the acquisition proceedings.