(1.) This is an appeal against the order of our learned brother Umamaheswaram J., dismissing the application filed by the appellant under Article 226 of the Constitution of India to issue a writ of mandamus or other appropriate writ to restrain the respondents from taking further proceedings in pursuance of G. O. R. No. 916 Development dated 8th December, 1952.
(2.) The Guntur Co-operative House Construction Society Ltd., was formed in 1949, for the purpose of acquiring lands and constructing houses for its members on a co-operative basis. For the purpose of building houses, the Society approached the Government for acquiring 8 acres 54 cents under the provisions of the Land Acquisition Act (hereinafter referred to as the Act). The Registrar of Co-operative Societies submitted to the Government a draft declaration under Section 6 of the Act for approval and for publication. On 8th December, 1952, the Government of Madras approved the said drafts and requested the Superintendent of the Government Press to publish the same under Section 4 (1) of the Act in successive issues of the Fort St. George Gazette. By the same order, the Government accepted the view that the acquisition of the lands was an urgent one and directed that the provisions of Section 5-A of the Act would not apply to the said acquisition. Pursuant to the said order, on 24th December, 1952, a notification was issued under Section 4 (1) of the Act to the effect that the aforesaid lands were needed for a public purpose, namely, for the construction of houses and that the Special Land Acquisition Officer was authorised to exercise the powers conferred by Section 4 (2) of the Act. Notwithstanding the order dated 8th December, 1952 exempting the acquisition in question from the operation of Section 5-A of the Act, presumably by some oversight, the notification used the usual form and appointed the Special Land Acquisition Officer, Co-operative Housing Schemes, to perform the functions of a Collector under Section 5-A of the Act. The appellant filed objections under Section 5-A to the proposed acquisition. But the Government, without deciding those objections, issued a notification on 31st December, 1952 under Section 6 of the Act declaring that the aforesaid lands were needed for a public purpose and appointing the Special Land Acquisition Officer, Co-operative Housing Schemes to perform the functions of a Collector under the Act and to take possession of the lands under Section 17 (1). Pursuant to the said notification, the Special Land Acquisition Officer was taking further steps to acquire the lands. In the aforesaid circumstances, the writ was filed to issue an order prohibiting the Government of the State of Andhra represented by the Special Land Acquisition Officer, Co-operative Housing Schemes from proceeding further in the matter of acquisition.
(3.) It was, inter alia, contended before the learned Judge that, as the direction by the Government exempting the acquisition from the operation of Section 5-A of the Act was published in the Gazette, the said direction was in compliance with Section 17(4) of the Act and was, therefore, invalid. The learned Judge negatived the contention and held that the said direction was in compliance with the provisions of Section 17 (4).