GUTTA ADINARAYANA Vs. STATE OF AUDHRA PRADESH

JUDGEMENT

(1.) This is an application for the issue of a writ under Article 226 of the Constitution to call for the records relating to G.O.Rt. No. 709, Parchayat Raj Department, dated 7th October, 1971 of the State of Andhra Pradesh and to declare the same as illegal and void and. quash the same.

(2.) The relevant facts are as follows The Government, in G.O.Rt. No. 709 Panchayat Raj Department, dated 7th. October, 1971 published in the Andhra Pradesh Cazita, dated 23rd December 1971 a notification under section 4. (i) of the Land Acquisition Act proposing to acquire the lands in S. Nos. 233/2, 233/4 B, 234/2 25o/5A 250/5Bi, 25/10-A1 251/10-61, 251/17, 251/18-2, and. 251/20-1 in Nemalapuri Village, Sattanapalli Taluk, Guntur District, belonging to the petitioners. In the same notification, the Government directed that in view of the urgency of the case, the provisions of section 5-A of the Act should not apply to the acquisition of the said lands. Subsequently a declaration was issued on 1st February 1972 under section 6 of the Act. Notices under setion 9 were issued on 1st December, 1972 to the petitioners. The petitioners, thereupon filed this writ petition on 2nd January, 1973 challenging the aforesaid proceedings.

(3.) There is no dispute that the lands were required for a public purpose viz. for the purpose of formation of a road from Devarapadu to Narsaraopet. The first of the two contentions urged by the petitioner is that there is no urgency for acquisition of the lands in question and therefore, the Government could not have exercised the power under section 17 (4) of the Act and dispensed with inquiry under section 5-A thereby depriving the petitioners of an opportunity to make their representations. It is also stated that even though the notification was made on 7th October, 1971 possession was not taken and it is only on 1st December, 1972 that the notices under section 9 were issued. Secondly, there is no valid notification under section 4 (i) of the Act itself as there was no publication of the notification in the locality as required by the said section 4(1).