NAWAB EKHTEDARUDDIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Andhra Pradesh Housing Board sent a requisition to the State Government by their letter, dated 4-2-1975 for acquiring an area of Ac. 15-19 Gs., a portion of S. No. 194/11 of Begumpet village, Rangareddy Distriet belonging to Paigah Sir Vikarulumra. which was then under the supervision of Court of Wards. The acquisition was sought in the manner provided in the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act) for a public purpose viz for the purpose of construction of houses for the staff of the Indian Airines. Accordingly the Government accorded permission in G.O. Ms. No. 132 Housing dated 28-12-1974, and the Special Deputy Collector, Land Acquisition was authorised to perform the duties of a Collector under section 5-A of the Act, After the technical staff surveyed the area a Notification was published in the Andhra pradesh Gazette dated 10-7-1975 under section 4 (I) of the Act for acquiring an area of Ac. 14-09 Gs. out of S. No. 194/11 belonging to Paigah Sir Vakarulumra. Under the same notification, the urgency clause of sub-section (4) of section 17 was invoked and the enquiry under section 5-A of the Act was dispensed with, Aggrieved against the said notification the petitioner in W.P. No. 4842 of 1982, claiming to be the heirs of Nawab Sultanul Mulk branch in Paiga Vicarulumra having specified shares in the property notified for acquisition, filed W.P. No. 3749 of 1975 challenging the validity of the said acquisition invoking the urgency clause. This Court issued interim stay of all further proceedings. The interim direction was modified on 29-10-1975. By virtue of the order dated 29-10-1975 the petitioners were directed to hand over possession of the vacant land to the Special Deputy Collector. The petitioners were however directed to retain such land in which there were permanent or temporary structures till the disposal of the writ petition. In accordance with the directions of the High Court, a revised sub-division in respect of the vacant land was prepared by the technical staff of the Special Deputy Collector (Land Acquisition). The vacant land without any structures permanent or temporary, was found to be Ac. 12-24 Gs, in extent, The Wfit Petition 3749 of 1975 itself was dismissed on 11-11-1976. Draft declaration proposals for acquiring an area of Ac. 12-24 Gs. were submitted to the Government. The Government approved the draft declaration proposals and published the notification under Section 6 of the Act in G.O. Rt. No. 168, Housing and Municipal Administration dated 18-11-1976. Notices under Section 9 (3) and 10 of the Act were issued on 4-6-1983 informing the petitioners that the enquiry into the claim to the compensation would be held on 18-6-1982. Writ Petition No. 4842 of 1982 was filed on 19-7-1982 seeking to quash the notifications published under Sections 4 (1) and 6 of the Act in respect of Ac. 12-24 Gs. of land in S. No. 194/11 belonging to Paigah Sir Vikarulumra.

(2.) One Kaneez Fatima Kareemunnisa Begum claiming to be the owner of a part of S. No. 194/11 as the only legitimate daughter of late Nawab Muzafar Nawaz Jung filed Writ Polition No. 4997 of 1982 seeking to quash the notices issued to her on 26-7-1982, asking her to vacate the land alleging that she was not aware of the notification for acquisition and the was served with a notice on 21-7-1982 to vacate the land.

(3.) Tha principal contention if not the only contention, of the learned counsel for the petitioners was that there was inordinate delay of nearly 6 years in taking the land after enquiry under Section 5-A was dispensed with invoking the urgency provisions of Section 17 (4) of the Act, that the Government did not act honestly in invoking the urgency clause and dispensing with section 5-A enquiry and that the action of the Government in invoking the urgency provisions amounted to abuse of the power under lection 17(4) of the Act.