CH KIRON Vs. COLLECTOR RANGA REDDY DISTRICT

JUDGEMENT

(1.) This writ petition has been filed by the petitioners who are four in number with a prayer to issue a writ of mandamus declaring the issuance of notification bearing No.G2/5945/2003, dated 6.12.2003 as amended by notification bearing No.G2/5945/2003, dated 8.12.2004 and all further proceedings including notification bearing No.G2/5945/2003, dated 9.12.2004 issued by the Collector, R.R. District-1st respondent as illegal, mala fide and contrary to law.

(2.) Ch. Kiron-1st petitioner has sworn to the counter affidavit. The case of the petitioners as set out in the writ affidavit, in brief, is: Petitioner Nos.1 to 4 purchased Ac.1-00 guntas, Ac.1-00 guntas, Ac.2-00 guntas and Ac.2-00 guntas respectively, totally admeasuring Ac.6-00 guntas comprising Sy.No.90/1, situated at Gachibowli, Serilingampally Mandal and Municipality, R.R. District belonging to M/s. A.M.E.I. Power Limited (in liquidation), represented by the Official Liquidator, appointed by this Court, by way of assignment from the purchasers in the auction conducted in C.A.No.598/2002 in R.C.C.No.17/1998. The assignment in favour of the petitioners was accepted and recognized by the Court by an order dated 6.11.2002 in C.A.No.849 of 2002 in C.A.No.598 of 2002 in R.C.C.No.17/ 1998 and the Official Liquidator was directed to execute sale deeds in favour of the petitioners in respect of respective extents. The petitioners paid the entire consideration before the assignment and took possession of the said lands. They purchased the lands for the purpose of their commercial cum office requirements namely publishing and media business. They came to know that 1st respondent issued Section 4(1) notification dated 16.11.2003 under Land Acquisition Act published in A.P. Gazette, R.R.No.63, dated 19.11.2003 and amendment thereto by notification bearing No.G2/5945/2003 dated 8.12.2004. Subsequently a declaration under Section 6 of the Land Acquisition Act was made by proceedings in G2/5945/ 2003, dated 9.12.2004 declaring that an extent of Ac.2-29 gts is needed for public purpose "to wit for formation of outer ring road". The amended notification dated 8.12.2004 under Section 4(1) of the L.A. Act and declaration under section 6 of L.A. Act dated 9.12.2004 were published in A.P. Gazette Nos.82 and 83 dated 9.12.2004 and 10.12.2004 respectively. The publications are simultaneous and without any gap and hence void. The amendment to Section 4(1) notification is with regard to material aspects and thus a fresh notification of Section 4(1) is required to be made. After amendment to Section 4(1) notification, no enquiry under Section 5A has been conducted and thus issuance of Section 6 declaration basing on the said amended notification is not legal and proper. For better understanding of the grievance of the petitioners I deem it appropriate to refer the relevant portion of the writ affidavit and it is thus:

(3.) The respondents filed counter- affidavit. The counter-affidavit, in brief, is : The Hyderabad Urban Development Authority filed requisition for acquisition of lands comprising S.Nos.2,3,4,6,10,90/2 situated at Gachibowli (V), Serilingampally Mandal for laying of outer ring road. A draft notification under Section 4(1) of the L.A. Act was published in A.P. Gazettee No.63, dated 19.11.2003 notifying the lands in S.Nos.2,3,4,6,10,90/2 situated at Gachibowli (V), Serilingampally Mandal admeasuring Ac.6-32 guntas situated at Gachibowli (V), Serilingampally Mandal, R.R. District. The draft notification was also published in two daily newspapers Praja Shakthi (telugu) dated 10-12-2003 and The Hindu (english) dated 10-12-2003. The substance of draft notification was also got published in the locality on 5.12.2003. Form III notice under Section 5 of L.A. Act was issued on 1.1.2004 inviting objections, if any, from the land owners and interested persons within 30 days from the date of publication of the notice in the locality. Form III notice was published in the locality on 5.1.2004 and a copy of the notice was also affixed on the factory sheds located in S.No.90/2 on 5.1.2004 in the presence of witnesses due to non-availability of any one to receive the notice. No one has filed objections in response to the draft notification under Section 4(1) within the specified period. An enquiry under Section 5A was conducted by the LAO on 9.1.2004. Neither the notified person nor the persons interested or the writ petitioners appeared before the LAO, HUDA to raise objections for acquisition of land. As such further action was taken by the LAO for publication of draft declaration under Section 6 of the L.A. Act duly completing the survey and sub-division work. During the course of survey and sub- division work, it was found that the land in S.No.90/1 to an extent of Ac.2-29 guntas was coming under the alignment of Outer Ring Road instead of land in S.No.90/2 admeasuring Ac.2-21 gts. As such proposals for amendment to draft notification incorporating the structures existing in S.No.90/1 were submitted to the Collector, R.R. District for approval through the LAO, HUDA. The Collector, R.R. District approved the amendment to the draft notification and got it published in A.P. Gazette No.82, dated 9.12.2004 apart from paper publication in two daily newspapers; Varthamanam (telugu) and Citizen Daily (English) on 10-12-2004. As per revenue records, the land owner for both the survey numbers No.90/1 and 90/2 is one and the same i.e. T.K. Shyam, Director, A.M.I.E. Power Ltd. The draft notification under section 6 of the L.A. Act was approved by the Collector, R.R. District on 9.12.2004 and got published in A.P. Gazette No.83, dated 10-12-2004 apart from paper publications; Andhra Jyothi (Telugu) and Deccan Chronicle (English) on 13.12.2004. The substance of the draft notification was also published in the locality on 10.12.2004. The writ petitioners never objected for the acquisition of land comprising either S.No.90/2 or 90/1. As per the master plan approved by the Government vide G.O. Ms. No.538 M.A., dated 29.10.2001 there is a provision for road touching S.No.90 situated at Gachibowli junction. The purpose of acquisition of land is for laying of Outer Ring Road which is a public purpose. Accordingly, action has been initiated under L.A. Act. Laying of outer ring road around the city is taken as a prestigious project and it is taken out for the use of general public.