YELATI RAMBABU Vs. GOVT OF A P

JUDGEMENT

(1.) IN these four writ petitions, the notifications issued under Sections 4 (1) and 6 of the Land acquisition Act (for short "the Act"), on different dates, proposing to acquire the lands of the respective petitioners, are challenged. The said notifications were issued for acquisition of lands, for the benefit of A. P. Industrial Infrastructure Corporation (for short "the Corporation" ).

(2.) THE petitioners state that they are the owners and possessors of the land and doing agriculture, thereon. They contend that the agriculture is the only source of their livelihood, and their lands were chosen for acquisition, with a view to help certain industrialists. Apart from pleading hardship on account of the proposed acquisition, the petitioners plead that the notifications were issued by an authority, not vested with the power, under the Act. It is stated that though the Act provides for publication of notifications, either by the Government, or by the District collector, if delegated with the power, the notifications in the instant case were issued by, and in the name of the Additional commissioner of Industries and Special officer (Land Acquisition), Steel Plant and apiic Limited, Visakhapatnam (for short, the additional Commissioner ).

(3.) THE petitioners raise an objection, as to the dispensing with the enquiry under section 5-A of the Act. They state that the very fact that the possession of the land was not taken, several months after the publication of notifications, discloses that dispensing with enquiry under Section 5-A of the Act was resorted to, mechanically. Certain other grounds are also urged.