DHARMALA VENKATA REDDY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) THIS writ petition is filed for a writ of mandamus to direct the respondents to withdraw the acquisition proceedings while declaring their inaction in this respect, as illegal and arbitrary.

(2.) THE petitioners are the owners of land admeasuring Acs. 8-03 cents situated in Sy. No. 213/1 to 10 of Pedagantyada, visakhapatnam District. They applied for sanction of a layout to the Visakhapatnam urban Development Authority, which was added as respondent No. 5 to this writ petition as per order dated 23. 10. 2007 of this Court. On 9. 5. 2001, respondent No. 5 issued proceedings approving the Block layout Plan (BLP No. 6 of 2001 ). Thereafter, notification under Section 4 (1)of the Land Acquisition Act, 1894 (for short, 'the Act')was issued in the year 2002 (date of the notification is not available on record ). Evidently, no further steps were taken to complete the acquisition proceedings.

(3.) AS the acquisition proceedings have got lapsed by operation of law with the non-passing of the award within the stipulated time, the petitioners approached respondent No. 5 to issue approval for final layout. As there was no response from respondent No. 5, certain persons, who are similarly situated as the petitioners, filed writ Petition No. 4809 of 2006 in this Court, which was disposed of by order dated 13. 3. 2006, wherein the learned Judge has taken note of the contention advanced on behalf of respondent Nos. 2 and 3 that proposals for withdrawing the notification under Section 48 (1) of the Act were submitted to the Government through the chief Commissioner of Land Administration, a. P. , Hyderabad vide letter dated 22. 1. 2005 for approval and that the Special Chief secretary and CCLA has also recommended vide his letter dated 26. 7. 2005 to the secretary to the Government, Industries and Commerce (INF) Department for withdrawal of the lands from acquisition and that orders in this regard are awaited from the Government. In view of the said submissions, the learned Judge closed the writ petition, as no further orders are necessary.