K. APPA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Questioning the action of respondents 2 and 3 in continuing with the land acquisition proceedings, though the same got lapsed in view of Sec. 11-A of Land Acquisition Act, 1894 (for short "the L.A.Act"), the present Writ Petition came to be filed. Subsequently, an amendment to the prayer is sought for by way of questioning the Award proceedings.

(2.) The facts in issue are as under :

(3.) A counter came to be filed by the Land Acquisition Officer disputing the averments made in the affidavit. As per the counter a draft declaration under Sec. 6 of the Act was approved by the Collector on 31.01.2009, which was published in local news papers. Thereafter, an errata draft declaration was submitted to the Collector deleting an extent of .07 cents, which was approved by the Collector on 20.04.2010, got the same published in the Gazette on 23.04.2010 and in the locality on 20.05.2010. An award enquiry was conducted and subsequently Award 4/2012 came to be passed on 22.03.2012. In para 4 of the counter it has been stated that in view of the consent given, 5-A enquiry was dispensed, Sec. 6 declaration was issued on 30.01.2009 and published in the District Gazette on 16.02.2009. In para 6 of the counter it has been stated that though the award was passed on 22.03.2012, no possession was taken in view of the pendency of the writ petition. Having regard to the circumstances stated above, it is contended that the award is passed within 2 years from the date of publication of errata and as such there is no illegality in continuing with the proceedings. It is further urged that since the Award is already passed nothing survives for adjudicating this Writ Petition more so in view of Sec. 24 of Act 2013.