SIRAM KIRAN NAIDU Vs. STATE OF AP

JUDGEMENT

(1.) As the issues raised in both these Writ Appeals are one and the same they are being disposed of by way of this Common Judgment.

(2.) Sri S.L.R. Naidu, was the owner and possessor of about 10 acres of land, in Visakhapatnam Town. An extent of Ac.8.00 of land was acquired by the Government for widening of a road, in Visakhapatnam Town. This land had been given to the Government without any compensation being given to the owner of the land. Subsequently, the remaining land of Ac.2.15582 sft, which had devolved upon the ten sons and three daughters of Sri S.L.R. Naidu, after his demise, was also sought to be acquired by the Town Planning Trust, Visakhapatnam, in its resolution, dtd. 24/5/1975. A draft notification under Sec. 4(1) of the Land Acquisition Act, 1894 [for short "the Act, 1894"], dtd. 20/3/1978, was issued and the acquisition proceedings culminated in an award No.3 of 1982, dtd. 20/2/1982. It appears, from the record, that possession of the land was also taken over. This acquisition process, was disputed by the legal heirs of Sri S.L.R. Naidu on various grounds including the ground that the compensation fixed for the said land was paltry and that the said land was not necessary for any development actives. The legal heirs of Sri S.L.R. Naidu had, in this regard, also approached the erstwhile Common High Court by way of W.P.No.3555 of 1980, which came to be dismissed.

(3.) The Government, for the reasons, set out therein, issued G.O.Ms.No.156, dtd. 25/2/1982, cancelling the acquisition of the land and setting aside the award, dtd. 20/2/1982. However, this G.O was cancelled, by way of G.O.Ms.No.714, dtd. 11/11/1983 and the acquisition proceedings were sought to be reinstated. This G.O, reinstating the land acquisition proceedings, was challenged by way of W.P.No.11326 of 1983 and came to be allowed, on 25/4/1984. The Writ Appeal preferred, by the Government against this Order, by way of W.A.No.1081 of 1984 was dismissed, on 1/2/1989. After the dismissal of the Writ Appeal, the Government issued G.O.Ms.No.121, dtd. 27/2/1990, dropping the acquisition proceedings, with a direction, to the Collector, Visakhapatnam, to return the possession of the land to the owner. After a period of eight years, the Government again issued G.O.Ms.No.222, dtd. 30/4/1998, cancelling G.O.Ms.No.121, dtd. 27/2/1990 and reinstating the acquisition proceedings. The owners of the land moved the erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad, by way of W.P.No.14818 of 1998, against the said order, reinstating the acquisition process. This Writ Petition came to be allowed, on 13/11/1998 and the said G.O was quashed. Writ Appeal No.2312 of 1998, filed against this Order was dismissed on 27/2/2002. In a parallel proceeding, the owners of the land filed W.P.No.6300 of 1999, for recovery of the possession of the said land. This Writ Petition was dismissed on 8/6/1990. However, the Writ Appeal No.1074 of 1999 filed against this order was allowed, on 27/2/2002 with a direction to the respondents to deliver possession of the land to the petitioner therein.