PUTTA VENKATESHWARLU MANAGING PARTNER OF RAGHUNATH ENTERPRISES KAKINADA EAST GODAVARI DISTRICT Vs. STATE OF A P

JUDGEMENT

(1.) Common points arise in all these writ petitions and so they are disposed of by a common order.

(2.) An extent of Ac 4-42 cents of land in S. No 1989/1A-1 owned by M/s. Ravindra Solvent Oils Private Limited, the petitioners in WP No. 12427/85, is sought to be acquired and the same is challenged herein. Ac. 0-60 cents of land in S. No. 1986/3A owned by M/s. Raghunath Enterprises, the petitioners in WP No. 13281/85 is sought to be acquired which is challenged herein. Ac 3-30 cents of land in S No. 1986/3B owned by the two individual petitioners in WP No 13287/85 is sought to be acquired and the same is under challenge. Ac. 2-00 of land in TS No. 1971 owned by an individual petitioner in WP No 13327/85 is sought to be acquired and the same is challenged.

(3.) The averments in WP No. 12427/85 may now be taken to set out the case of the petitioners. The land of the petitioners in an extent of Ac. 4-42 cents is sought to be acquired for the purpose of another company by name M/s Nagarjuna Fertilisers and Chemicals Limited, which is a private company proposing to establish Ammonia/Urea Project. The petitioner wlich is a private limited company with a capital of Rs. 1 crore has a turnover of 100 tonnes of bran every day. The Director General of Technical Development granted registration for manufacture of vegetable oils. It also started a sister concern with a capacity of 200 tonnes of bran daily. The product is being exported and it is earning foreign exchange as well. For the purpose of godowns this land of Ac 4-42 cents was purchased from the individuals,which is situate near Kakinada Port. After purchasing, the necessary permission from tne municipality was obtained en 19-3-85, and construction of godowns was duly started. While so, a notification under Section 4(1) of the Land Acquisition Act ('the Act' for short) was published in the newspapers on 20-10-85, seeking to acquire 235 acres of land in Suryaraopet village, Kakinada municipality, in various survey numbers and in different extents, including Ae. 4-42 cents in S No 1989/1A 1. The said land is acquired for M/s. Nagarjuna Fertilisers and Chemicals Limited. The enquiry under Section 5-A of the Act was dispensed with. The declaration under Section 6 was published in the newspapers on the very next day, i.e. on 21-10-85. Section 6 declaration cannot be made unless the Government considered the report of the Land Acquisition Committee constituted under Rule 4 of the Land Acquisition (Companies) Rules, 1983 and that of the report under Sec 5-A and also unless the Company executed an agreement under Section 41 of the Act. Section 4 and Section 6 notifications have been almost issued simultaneously and, therefore, section 6 declaration is liable to be set aside.