CH MADHUSUDHAN REDDY Vs. R

JUDGEMENT

(1.) In this petition, the petitioners seek a writ of mandamus directing respondents 1 to 4 to complete land acquisition proceedings, including passing of award, in respect of notification issued under Section 4(1) of the Land Acquisition Act, published in Gazette No.Wgl/2A/68/91 dated 11-12-1991 acquiring the lands of the petitioners measuring an extent of Ac. l 1-09 guntas in S. No.24; Ac. 4-00 in S.No.26 and Ac.9-05 guntas in S.No.465 situated at Jangaon village, Warangal district.

(2.) It is stated that the petitioners are owners and possessors of lands in question. The A.P. Housing Board, the 4th respondent, conducted survey in the year 1979 for providing houses to general public in Jangaon town. Pursuant to the survey and identification of lands of the petitioners in the said survey numbers, the Vice-Chairman & Housing Commissioner, A.P. Housing Board sent proposals for acquiring the lands of the petitioners. The Government of Andhra Pradesh approved the proposals of the A.P. Housing Board. Thereafter, notification under Section 4 (l) of the Land Acquisition Act (hereinafter referred to as 'the Act') was published in Part-I Extraordinary A.P. Gazette No.499 dated 21-9-1980 acquiring lands in S.Nos.24, 26 and 465 situated at Jangaon town. Pursuant to the issuance of Section 4 (1) notification, enquiry under Sec.5-A of the Act was held on 5-2-1987. Thereafter, declaration under Section 6 of the Act was published. On 18-5-1987 the Land Acquisition Officer and Assistant Collector, Warangal issued notices directing the petitioners to participate in the award enquiry on 28-5-1987 with all the documentary evidence in support of their claims and award enquiry was held on 28-5-1987. It is stated that though award enquiry was held on 28-5-1987, no award was passed and, therefore, the entire land acquisition proceedings were allowed to be lapsed for non-passing of the award within the stipulated time.

(3.) It is further stated that the Regional Housing Engineer, Warangal requested the Revenue Divisional Officer through letter No. 2015 / A-8 / R.H.E. / Warangal / 79, dated 23-4-81 to direct the Tahsildar, Jangaon to handover possession of lands under acquisition. The Collector, Warangal district also directed the Revenue Divisional Officer, Warangal, through letter dated 8-4-1981, to handover possession of lands to the Housing Board within 15 days. The Collector, Warangal district gave a telegram on 22-6-1981 to the Tahsildar, Jangaon referringletterNo.A/902/80dated 18-6-1981 of the Revenue Divisional Officer, Warangal, directing him to handover possession of lands under acquisition urgently to the Regional Housing Engineer, A.P. Housing Board, Warangal. The Regional Housing Engineer also requested the Tahsildar through letter No. 2015 / RHE / Warangal/RES/81 dated 26-6-1981 to handover possession of lands to Sri P. Veeraswamy, Junior Housing Engineer, Warangal Division on 27-6-1981 duly conducting a panchanama. Pursuantto these consistent efforts, a panchanama regarding handing over possession of lands measuring Ac. 12-23 guntas in S.No. 24 / 2; Ac. 4-00 in S.No.26/4; Ac.4-29 guntas in S.No.464 and Ac.12-39 guntas in S.No.465 was conducted on 27-6-1981 by the Revenue Inspector, Jangaon in the presence of three panchas and Sri P. Veeraswamy, Junior Engineer of the Housing Board, Warangal and possession of lands was handed over to Sri P. Veeraswamy. The said panchanama was prepared by one K. Narayana, Patwari, Jangaon. Sir Veeraswamy signed the panchanama affirming that possession of lands was taken on27-6-1981. Pursuant thereto, the Revenue Inspector, Jangaon submitted the panchanama along with his report to the Tahsildar, Jangaon. The Tahsildar through letter No. A2 / 3392 / 79 dated 6-7-1981 informed the Revenue Divisional Officer, Warangal that possession of lands was handed over to Sri P. Veeraswamy on 27-6-81. Thereafter, the A.P. Housing Board erected a board on the lands under acquisition mentioning that lands to an extent of Ac. 34-11 guntas in S.Nos. 26 / A, 23 / 2,464 and 465 belong to them and the tresspassers would be prosecuted. Thus it is stated by the petitioners that pursuant to Section 4 (l) notification dated 21-9-1980, possession of lands was taken by duly conducting panchanama on 27-6-1981 by the A.P. Housing Board.