SURYA PRAKASH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is seeking Writ of Certiorari to quash the declaration issued under Section 6 of the Land Acquisition Act (Act I of 1894) for short, "(be Act" dated July 1, 1986 and published in the newspapers on July 20 1986 acquiring an extent of Ac. 40-37 guntas in S. Nos 157,158 and 159 situated in Mailardevepalli Rajendranagar Mandal, Rangareddy district and also the notification under Section 4 (1) dated June 30, 1984. The grounds to quash the declaration and the notification are two-fold It is firstly contended that the petitioner had applied for development, of the land for plotting purposes to the second respondent Hyderabad Urban Development Authority (HUDA). In the meanwhile the second respondent was toying the idea of acquiring the land but later decided on July 19, 1982, dropping the intention to acquire the land. The petitioner has spent considerable amount for development of the land. At that stage, when the plans submitted by the petitioner were not released, the petitioner filed W.P.No. 1272/84. The notification under Sec. 4 (1) was published on June 30, 1984. There are no bona fides in issuing the notification. Alternatively it is contended that the proceedings are lapsed by operation of Section 11-A of the Act.

(2.) The first question is whether mandamus can be issued directing the respondent to drop the proceedings by quashing the notification under Sec. 4 (1) and the declaration under Section 6 of the Act. It is no doubt seen from the record that proposal was made as per the noting of the Vice Chancellor dated May 15, 1982 to acquire the land which is more convenient for expanding Madhuban scheme. The Board by its proceedings dated July 19, 1982 has dropped the proposals. Subsequently, decision was taken as per the noting of the Board dated April 4, 1983 to acquire this land as it is situated very close to the Madbuban complex and they are more suitable and convenient for development and expansion of Madhuban scheme. After publication of the notification under Section 4 (1), enquiry under Section 5-A was conducted; the petitioner had submitted his objections through his counsel, late Mr. Mandhana. Two-fold objections have been raised viz the earlier dropping of proceedings and the other is as regards the direction issued by this Court in W.P.No. 1272/84. As regards the direction issued by this Court in W.P.1272/84 is concerned, this Court has made it clear that it does not preclude the authorities to take any action as per law and the direction is to be confined only to the extent of release of the plans and no further. Thereby it is open to the HUDA that if public purpose so subsists to take appropriate action as per law. As regards the second objection relating to the dropping of proceedings is concerned, it is stated in the order dated July 3, 1985 over-ruling the objections that the acquisition is a bona-fide one for a public purpose viz., expansion of Madhuban residential complex. In view of this finding, the authorities have applied their mind and considered that the expansion of Madhuban residential complex is a public purpose and that therefore it is a bonafide one. This being a factual finding based on material and after duly considering the objections filed by the petitioner, they were overruled. I do not find any ground to quash the notification issued under Sec. 4 (1) or the declaration under Sec. 6.

(3.) The next question is whether it is barred by limitation. Section 6 postulates that no declaration shall be made after the expiry of three years from the date of publication. In this case, the Land Acquisition (Amendment) Act, 1984, which has come into force with effect from September 24, 1984, would apply since the declaration was made on July 20, 1986. Sub-section (2) of Sec. 6 provides that every declaration shall be published in the official Gazette and in two daily newspapers circulating in the locality in which the land is situate of which at least one shall be in the regional language and the Collector shall cause public notice of the substance of such declaration to be given at convenient places in the said locality. Then it postulates the date of such publication and the giving of such public notice being hereinafter referred to as the date of the publication of the declaration and such declaration shall state....." Section 11 - A of the Act (as amended under the Amendment Act) reads thus 11-A: Period within which an award shall be made :