SOUTHERN SHIPPING TRADERS Vs. DISTRICT COLLECTOR VIZIANAGARAM

JUDGEMENT

(1.) The facts in both these Writ Petitions being identical and the points of law arising for determination also being the same, they can be disposed of by a common judgment; and for purposes of this judgment, it is enough if the facts in W P No 2696 of 1985 are stated.

(2.) These are petitions to issue a writ of certiorari and quash the notification under Section 4(1) and the draft declaration issued under Section 6(1) of the Land Acquisition Act.

(3.) The averments in the affidavit filed in support of the petition in W P No 2696 of 1985 may be briefly stated. The petitioner is a firm and purchased Ac. 2-29 cents of land situated in S No 179/6, 7, 10, 12,13 and 14 in Guiiyinda Agraharam, Chipurupalle Taluk, Vizianagaram District. This land is abutting the railway line near Chipurupalle Railway Station, and the necessary permission has been obtained for using this land as loading platform for manganese ore. The petitionerfirm also registered a small scale industry unit under the name and style of M/s Andhra Iron Works, Chipurupalle to manufacture cast iron material. The petitioner also applied for financial assistance to the A P State Finance Corporation and the loan proposal has been cleared. In order to locate the plant, the petitioner applied to the Director of Town Planning for permission, and the Director approved the plan for the construction of the factory. The petitioner-firm also started civil works and completed foundation and basement. Permanent sheds were constructed and bore-well and motor pump were installed The petitioner- firm spent more than one lakh rupees on these installations. The petitioner firm obtained electricity connection for borewell and also placed orders for machinery. On issuance of notice under Sec. 9(3) and Sec.10 of the Land Acquisition Act, the petitioner filed W P No 8146 of 1982 questioning the land acquisition proceedings; and this Court, by judgment rendered on 8-12-1983, directed the authorities to hold Sec. 5-A inquiry. Pursuant to this direction. Sec. 5-A inquiry was conducted and the statement of the Manager of the petitioner-firm was recorded on 7-6-1984. The draft declaration under Sec. 6 of the Land Acquisition Act was published in the daily newspaper "The Indian Express", without passing any order on the inquiry made under Sec. 5-A. The objections raised in Section 5-A inquiry were not duly considered, and the authorities did not apply their mind. The notification itself shows that there are permanent structures on the land proposed to be acquired.