K MADHAVA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners herein initially filed the present Writ Petition seeking the following relief:

(2.) Briefly stated, case of the petitioners as per the pleadings available on record, is as infra:

(3.) Petitioners 1 and 2 are the husband and wife respectively and 3rd petitioner is a private limited company incorporated under the provisions of Companies Act, 1956. After purchasing an extent of Ac. 0-30 guntas of land in Sy. No. 460, Uppal Bhagath, Uppal mandal, Ranga Reddy district, 1st petitioner gifted the same in favour of 2nd petitioner by way of gift deed dated 15.3.2002. The 3rd petitioner owns an extent of Ac. 0-17 guntas in Sy. No. 460, Ac. 2-12 guntas in Sy. No. 461 and Ac. 1-08 guntas in Sy. No. 462 of the said village. The said lands are adjacent to Uppal main road, which joins National Highway No. 9 from Hyderabad to Vijayawada. River Moosi is at a distance of 1650 ft. on southern side and the land admeasuring Ac. 0-17 guntas in Sy. No. 460 of 3rd petitioner is on the other side of the Uppal main road. The District Collector, Ranga Reddy District-2nd respondent herein issued a notification bearing No. G1/4289/2005 dated 23.8.2005 under subsection (1) of Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') proposing to acquire a total extent of Ac. 91-18 guntas of land in various survey numbers of Uppal Bhagat village, Uppal mandal, Ranga Reddy District including the above mentioned lands of the petitioners herein for Moosi River Conservation and River Front Development. Assailing the said notification under Section 4(1) of the Act, petitioners earlier filed Writ Petition No. 20863 of 2005, which was dismissed by a learned single Judge of this Court by order dated 11.11.2005. The said order was assailed in W.A. No. 2588 of 2005 and the Division Bench of this Court while permitting the petitioners to withdraw the said W.A. No. 2588 of 2005 and also W.P. No. 20863 of 2005 by order dated 2.1.2006 granted liberty to the petitioners to raise all legally permissible objections including those taken in the Writ Petition before the competent authority. The Division Bench also directed to consider the said objections independently without being influenced by the observations of the learned Judge in W.P. No. 20863 of 2005.