J. MOHAMMED GHOUSE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) NOTIFICATION under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act) was issued on 23.10.2013. This notification also includes property bearing H.No.8 -4 -364/366, admeasuring 189 square yards, situated at St. Marys Road, Secunderabad, owned by the petitioner. Notice under Section 5A of the Act was issued on 22.10.2013 calling for objections. The petitioner filed objections on 23.11.2013. On 26.11.2013, notice of personal hearing was issued along with the remarks of the Requisition Department. The petitioner filed further reply on 30.12.2013. Order was passed under Section 5A of the Repealed Act on 28.01.2014. Declaration under Section 6 of the Act was issued and thereafter on 19.03.2014 notice under Section 9(3) and Section 10 of the Repealed Act was issued. The petitioner challenges the order under Section 5A of the Act, dated 28.01.2014.

(2.) LEARNED counsel for the petitioner contends that the objections filed by the petitioner under Section 5A enquiry were not considered by the competent authority and the order does not assign reasons as to why the objections filed by the petitioner are not valid except saying that the objections are overruled. No personal hearing was given during Section 5A enquiry. Thus, the order is ex facie illegal on account of the actions of the respondents in not affording personal hearing and not assigning the reasons for not considering the objections. The statutory mandate as imposed by Section 5A of the Repealed Act are violated and, therefore, the proceedings are liable to be set aside on that ground alone.

(3.) LEARNED Assistant Government Pleader does not dispute the contention urged by the learned counsel for the petitioner that no reasons are assigned for not accepting the objections and that no personal hearing was afforded to the petitioner.