SYED HABIBULLA SHAH Vs. STATE OF A.P

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to declare that the land acquisition proceedings initiated in respect of the petitioners' lands admeasuring Ac.8-37 cents in Sy.Nos.321/1, 321/2 and 188 of Gummuluru village, Korukonda Mandal, East Godavari District, have lapsed. The petitioners sought for a consequential direction to the respondents to restore possession of Ac.5.73 cents of land.

(2.) The petitioners are the owners of the above mentioned land. These lands were notified for acquisition under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") issued on 20-12-2003. The purpose of acquisition was to provide house sites to landless poor persons. Having regard to the urgency felt by the respondents, the enquiry under Section 5-A of the Act was dispensed with by invoking the provisions of Section 17 (4) of the Act. It is the admitted case of the parties that possession of the land to the extent of Ac.5.73 cents was taken leaving the balance land in the possession of the petitioners. The main plea of the petitioners in this writ petition is that with the non-passing of award within the period of two years as envisaged under Section 11-A of the Act, the entire land acquisition proceedings have lapsed.

(3.) The main point that arises for consideration in this writ petition is whether the land acquisition proceedings lapsed by efflux of time.