KOVVURI SATYANARAYANA REDDY Vs. GOVT OF A P

JUDGEMENT

(1.) THIS writ petition is filed for a writ of mandamus to declare notification dated 22. 9. 2006 issued by respondent No. 2 under the provisions of Land acquisition Act 1894 (for short "the Act") whereby the lands of the petitioners to the extent of Ac. 4. 00 in survey Nos. 313/1, 11, 12, 13, 314/4 and 5 of mahindravada village, Anaparthy Mandal, East Godavari district are proposed to be acquired as illegal, arbitrary and contrary to the provisions of the Act. The petitioners also sought for direction to the respondents not to dispossess them from the said lands.

(2.) THE petitioners are the owners of the above mentioned lands. By notification dated 22. 9. 2006, the said lands are proposed to be acquired for public purpose, namely, to provide house-sites to weaker sections under indiramma scheme. Notice dated 26. 9. 2006 issued under Section 5a of the Act was served on the petitioners and in response thereto they filed their objections within the stipulated time. The objections were enquired into by respondent no. 3 on 30. 10. 2006 by giving opportunity of personal hearing to the petitioners. Vide proceedings dated 9. 10. 2007 respondent No. 2 rejected the objections. Thereafter declaration dated 17. 11. 2007 was issued under Section 6 of the Act.

(3.) LEARNED counsel for the petitioners contended that since declaration under section 6 of the Act was made beyond one year of publication of notification under Section 4 (1) of the Act, the entire land acquisition proceedings have got lapsed by operation of proviso (ii) to Section 6 (1) of the Act.