RAKESH PRASAD TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are the owners of lands to the extent of Acs. 17-13 gunias of Sy. Nos. 20, 57 and 58, situated at Kanchan Bagh Mandal, Charminar District, Hyderabad. It is stated that the Union of India, first respondent herein, took over the said lands for public purpose and possession thereof was taken on 19-2-1979 on lease under the Requisition and Acquisition of Immovable Property Act, 1952, hereinafter referred to as 'the Act of 1952'. The first respondent paid the rents up to 1984. On 22-1-1985, the Collector, Hyderabad District, third respondent herein, issued notice in Form-J, calling upon the petitioners to show-cause, within fifteen days, as to why the property in question cannot be acquired by the first respondent, since the first respondent intended to acquire the lands in question in terms of Section 7(1) of the Act of 1952. The petitioners did not object to the acquisition of the lands and, therefore, a notification was issued by the third respondent under Section 7(1) of the Act of 1952, acquiring the lands through Proceedings No. 3250 of 1994 dated 2-3-1985. Since the date of issuance of notice bearing No. 3250 of 1984, dated 2-3-1985, it is stated, no rents have also been paid.

(2.) Pursuant to the issuance of notice dated 2-3-1985, the second respondent herein through G.O.Ms. No. 153 dated 5-2-1991, accorded permission to acquire the lands in question under the Land Acquisition Act, by granting relaxation from the provisions of the Urban Land (Ceiling and Regulation) Act. 1976, hereinafter referred to as 'the Act of 1976'.

(3.) While the matter stood thus, the first and fourth respondents again referred the matter to the second respondent seeding notification of G.O.Ms. No. 153, dated 5-2-1991, on the ground that when once the property is acquired under the Requisition and Acquisition of Immovable Property Act, 1952, contemplating payment of compensation under The Land Acquisition Act, 1894, is unwarranted.