KRISHNA MURTHY U Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The question that arises for consideration in the Writ Petition is (a) whether a person interested is entitled for opportunity under sub-section (2) of Section 5-A of Land Acquisition Act without filing objections within 30 days of the publication of notice under Section 4(1) of Land Acquisition Act and (b) whether the notice to the occupier under Section 9(3) of Land Acquisition Act is mandatory?

(2.) The Writ Petition is filed challenging the Award No.2/90 dated 21-7-1990 passed by the 3rd respondent to the extent of 780 sq. yards covered by R.S.No. 88/2A/1A (N.T.S.No.49/1), Ward No.B, Block No.22 of Gudivada town.

(3.) The petitioner is the Lessee of an extent of 780 sq. yards situate in Gudivada town referred to above from the original owner Sri Choppara Radha Krishnaiah in the year 1968 for the purpose of establishing a Petrol Bunk. Initially, the lease was for 10 years and it was being renewed from time to time and even today the petitioner is holding the valid lease. While the matter stood thus, the petitioner came to know that through paper publication in Andhra Jyothi dated: 20-6-1987 the 1st respondent proposed to acquire an Extent of 20,767 sq. feet, equivalent to 2307,4 sq. yards covered by R.S. No.88/2A/lAand 91/l (N.T.S.Nos.50,49/land55),WardNo.B,BlockNo.22 of Gudivada town for the purpose of extension of A.P.S.R.T.C. Bus Station. In this case, we are only concerned with the extent of 780 sq. yards covered byR.S.No.88/2A/lA(N.T.S.No.49/l)ofWardNo.B,BlockNo.22ofGudivada town. After coming to know through notification, the petitioner submitted objections to the 3rd respondentnot to acquire the same giving various reasons. There was no enquiry under Section 5-A and the petitioner came to know in August, 1990 that the respondents were taking steps to dispossess the petitioner on the ground that the Award was passed. On enquiry the petitioner came to know that the 3rd respondent passed Award No.2/90 on 21-7-1990 and therefore the present Writ Petition has been filed challenging the said award as far as the land occupied by the petitioner is concerned. The petitioner If "Submits that he being a Lessee is an interested person and he is entitled for opportunity under Section 5-A. The same was not afforded even though he submitted a representation. He also submits that declaration under Sec. 6 of the Act was not published within one year and therefore the notification under Section 6 is illegal. The petitioner also submits that under Section 9(3) he is Entitled for a notice and no notice has been served on the petitioner. Therefore, the proceedings are illegal and invalid. It is also submitted that the Award Was passed after a lapse of two years from the date of the declaration under section 6 and therefore it is contrary to Section 11-A of the Act. Further, the award was also not served on the petitioner. For all the reasons stated above, the petitioner submits that the impugned award is illegal and without jurisdiction and the same is liable to be quashed. The Government in the counter had accepted that in the Notification Maed under Section 4(1), the land occupied and covered by N.T.S. No. 49/l also formed part of the land proposed for acquisition. They did not dispute that the petitioner was running a Petrol Bunk in the said place. The section was taken in accordance with the provisions of the Land Acquisition appropriate notices were issued to the pattedars and also to the enjoyer hence, there was no illegality or irregularity in the process. It is also stated the amount awarded in the Award has already been deposited in the Court, Gudivada and it is open for the petitioners to claim the same in with the provisions of the Act. The issue that arises for consideration is whether the land acquisition preceedings culminated in the Award are legal and valid? The learned Counsel for the petitioner submits that under Section 5-A he is entitled for an opportunity by the Collector and the same was not done more especially when he has filed objections. Section 5-A stipulates opportunity to be given to the parties and it is extracted below: "5-A. Hearing of objections:-