PENMATSA LAKSHMI Vs. STATE OF A P

JUDGEMENT

(1.) EXTENTS of Ac.1-72 cents in R.S.No.515/2B and Ac.1-00 in R.S.No.515/2 belonging to petitioner Nos.1 and 2, respectively, in W.P.No.1616/2012 of Yendagandi village, Undi Mandal, West Godavari District, were proposed for acquisition for providing house sites to landless poor persons under the Indiramma Housing Scheme, vide notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") by respondent No.1. Similarly, extents of Ac.1-00 in S.Nos.392/2 and 392/3 and Ac.0-70 cents in R.S.Nos.393/2 and 393/3 in the same village and belonging to petitioner Nos.1 and 2, respectively, in W.P.No.5119/2012, were also notified under the same notification and for the same purpose. The notification under Section 4(1) of the Act was published in the West Godavari Gazette on 12-11-2008, Andhra Bhoomi Telugu and Gopi Krishna Telugu Dailies on 19-11-2008 and the substance thereof was published in the locality on 1-12-2008. The Sub-Collector, Narsapur, has issued notices under Section 5-A of the Act on 4-12-2008. After completion of the enquiry, the draft declaration approved by respondent No.1 on 28-11-2009 was published in the West Godavari District Gazette on 30-11-2009, in the New Indian Express (English Daily) and Vasista Times Telugu Daily on 1-12-2009 and the substance thereof was published in the locality on 31-12-2009. On 11-11-2011, award enquiry notices were issued under Sections 9(1) & 10 and 9(3) and 10 of the Act. An award was passed under Section 11(1) of the Act on 26-11-2011. As the petitioners have not come forward to receive the compensation amounts, the same were stated to have been deposited in the Court of the Senior Civil Judge, Bhimavaram, on 29-12-2011. The respondents claimed to have taken physical possession of the lands on 12-12-2011. Questioning these acquisition proceedings, the petitioners filed these Writ Petitions.

(2.) DETAILED counter-affidavits have been filed. The contents of these counters shall be adverted to while dealing with the contentions raised by the learned counsel for the petitioners. On behalf of the petitioners in W.P.No.5119/2012, Sri C. Ramachandra Raju, has advanced arguments at length. No specific arguments have been advanced on behalf of the petitioners in W.P.No.1616/2012.

(3.) THE learned Government Pleader has opposed the above submissions. He has placed the entire record before the Court.