S ALWARDAS Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are the owners of Ac. 4-00 of land situated in S. No. 100/1A in' Sanivada Village, Gajuwaka Mandal, Visakhapatnam District. A draft notification under Section 4(1) of the Land Acquisition Act -- hereinafter called 'The Act', was published in the Andhra Pradesh Gazette on Nov. 4, 1992. The same was also published in two Telugu daily Newspapers on 3/12/1992 and Dec 6/12/1992. This notification is questioned in this writ petition.

(2.) Sri I. A. Naidu, the learned Counsel for the petitioners mainly contended that although a notification was published in the Gazette under the signature of the Secretary, the same was published in two focal Newspapers by the Special Deputy Collector (Land Acquisition) Steel Plant, Visakhapatnam, who has no authority to publish the same, and therefore, the notification is bad and illegal.

(3.) The notification mentioned above shows that by virtue of the notification issued by the president entrusting Government of Andhra Pradesh the functions of the Central Government under the Land Acquisition Act, for the purpose of the Union in the State, the Government of Andhra Pradesh issued the, notification under Section 4(1) of the Act i.e., for the steel plant and related purposes. It is also seen that the Governor of Andhra Pradesh authorised the Special Deputy Collector (LA) Steel Plant, Visakhapatnam, his staff, and workmen, to exercise the power conferred by Section 4(2) of the Act and also to perform the functions under Section 5A of the Act. The same notification is also published in two daily newspapers as stated above not by the Government, but by the Special Deputy Collector (LA) Steel Plant, Visakhapatnam.