NALLA DHARMA RAO Vs. COLLECTOR EAST GODAVARI DISTRICT

JUDGEMENT

(1.) The above two writ petitions raise identical issues questioning the land acquisition proceedings and were therefore heard together and are being disposed of by this common order.

(2.) Briefly the case of the petitioners is that in January, 1997, draft notification under Section 4(i) of the Act was published in A.P. Extraordinary Gazette, dated 23-1-1997 and in local newspapers Eenadu Telugu dated 25-1-1997. The respondents have stated that the said notice was also published in Indian Express (English) on 28-1-1997. Large extent of land (Ac.43.75 cts) is sought to be acquired for the purpose of construction of a Summer Storage Water Tank in the Amalapuram Municipality. The petitioners in the above writ petitions are owners of lands which are affected by the said acquisition proceedings. The petitioners state that they came to know of the said notifications very recently and subsequently there has been no notice or any other intimation issued to the petitioners with regard to land acquisition proceedings. On 5-7-1997, the concerned authorities visited the lands of the petitioners and Sections 9(1) and 10 notices were given to them. The petitioners apprehending that their lands would be acquired contrary to law filed the above Writ Petition seeking a declaration that the petitioners should not be dispossessed of their lands unless the objections raised by the petitioners are duly considered by the respondent authorities.

(3.) In the counter affidavit filed on behalf of the respondents, it is stated that Section 4( 1) notification was published in the Gazette and two local newspapers. In the said notification, urgency clause under Section 17(4) of the Land Acquisition Act has been invoked and consequentially the enquiry under Section 5A of the Act has been dispensed with. The draft declaration under Section 6 of the Land Acquisition Act was published in the A.P. Gazette dated 21-5-1997 and also in the local newspapers viz., (1) Indian Express dated 16-5-1997 and (2) Andhra Jyoti - Telugu on 17-5-1997. Notices under Sections 9(1) and 10 were also published inviting objections and giving time of 15 days. The possession of the lands were taken on 2-7-1997 under cover of a Panchanama. 80% of the advance compensation including 30% solatium has been worked out and the land owners were issued notice to receive the advance compensation. The petitioners in W.P.No.17847 of 1997 appear to have received the said 80% compensation. The petitioners in W.P.No. 14347 of 1997 state that they have not received the compensation.