JAGANNADHA INDUSTRIES Vs. DISTRICT COLLECTOR, SRIKAKULAM DISTRICT

JUDGEMENT

(1.) THIS writ petition is a typical example of non -transparency and callousness in discharging the sacred statutory duties on the part of the respondent -authorities, which compelled the petitioners to invoke the jurisdiction of this Court under Article 226 of the Constitution of India.

(2.) RIGHT to property is a Constitutional right, as enshrined under Article 300 -A of the Constitution of India which, in clear and unequivocal terms, mandates that no citizen of our country shall be deprived of her/his property except in accordance with the procedure established by law. The Land Acquisition Act, 1894 is an ex -proprietary legislation, which authorises and empowers the authorities to acquire the private properties of the citizens without reference to their consent. Therefore, the authorities, functioning under the said legislation are required to adhere to and follow the provisions of the said enactment meticulously and scrupulously. The non -adherence and failure to follow the same and any deviation from the mandatory provisions and procedures stipulated in the statute, would undoubtedly render the entire proceedings invalid and non -est in the eye of law. The controversy in the present writ petition is required to be analysed and assessed in terms of the above said aspects.

(3.) HEARD Sri D. Hanumantha Rao, learned counsel for the petitioners, learned Government Pleader for Land Acquisition for respondents 1 to 3 and Sri K. Madhav Reddy, learned Standing Counsel for the 4th respondent -Agricultural Market Committee, apart from perusing the material available on record.