DANGETI BABURAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A Notification which was issued under section 4(1) of the Land Acquisition Act seeking to acquire land for the house sites meant for the 48 beneficiaries who are the petitioners herein, was later withdrawn, and so the same is challenged as improper, illegal and malafied.

(2.) In brief the relevent facts are : Factual Matrix The land belonging to the fourth respondent herein was acquired by notification dt 21-1-1978 issued under section 4( 1) of the Act. That was challenged in this Court in WP No 1032 of 1978 by the fourth respondent. But however, it was dismissed. Having failed, the fourth respondent moved the Government and brought pressure upon by making false representations to withdraw from the acquisition and so eventually it was denotified. Pursuantly, the Government issued a memo dated 17-5-1979. Thereafter the fourth respondent and respondents 1 to 3 got a new piece of land acquired which is away from the existing colony and also the land is low level which is liable for submersion. In fact the same is already under challenge in a writ petition filed by the owner of the land in WP No 7349 of 1984. That land is water logged area and unfit for human habitation and so, the de-notification is arbitrary and illegal and was made without application of mind by the respondents.

(3.) The Government has not filed counter-affidavit.