SHAIK JONNY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) As the issue involved in both the writ petitions is one and the same, they are being disposed of by way of this Common Order.

(2.) It is the case of the petitioners that they are residents of Dharanikota Village, eking out their livelihood by cultivating the lands. They are all landless poor persons and are owners of small extents of land in Sy.Nos.180B, 182A, 183 and 184 of Dharanikota village of Amaravathi Mandal, Guntur District. While so, the 3rd respondent issued notification under Section 4(1) of the Land Acquisition Act, 1894 (for brevity the Act) on 28.03.2011 in Roc.No.1337/2011 -G -1 identifying the houses and house sites of the petitioners for acquiring the same situated in the aforesaid survey numbers for public purpose i.e., for construction of Tourism Project, Recreation Amenities and other commercial complex in Dharanikota Village, Amaravathi Mandal, Guntur district. That some of the petitioners filed objections in pursuance to the notices issued to them under Section 5(A) of the Act. However, without considering the said objections being filed by the petitioners, the 3rd respondent issued declaration under Section 6 of the Act on 23.09.2011 rejecting the objections of the petitioners. It is the case of some of the petitioners that though they have purchased the lands, their names are not mentioned in notification issued under Section 4(1) of the Act. Aggrieved by the notification under Section 4(1) of the Act dated 28.03.2011 and impugned proceedings dated 23.09.2011 issued by the 3rd respondent, rejecting the objections of the petitioners in pursuant to the notification, present writ petitions are filed.

(3.) Counter affidavit is filed by the 2nd respondent on behalf of the other respondents denying the averments in the affidavits filed in support of the writ petitions stating that the subject land under acquisition has historical importance. According to Vajrayana traditional sources Buddha preached at Dharanikota/Dhanyakatakam and conducted Kalachakra ceremony in the year following his enlightenment at the great Stupa of Dhanyakataka, Dhanyakatakam (Amaravati). It was the Capital of Andhra Satavahanas. The 30th Kalachakra festival, a popular Buddhist ritual was held there in the first week of January, 2006 and that the said town is a centre of pilgrimage to both Hindus and Buddhists. The Buddhist Stupa originally built during the reign of emperor Ashoka. That the region between Krishna and Godavari rivers was an important place for Buddhism and the Dalai Lama of Tibet conducted a Kalachakra initiation at the proposed land under acquisition in the year 2006.