LOKANANDH Vs. W G DISTRICT

JUDGEMENT

(1.) THE petitioner is the owner of an extent of Acs. 2. 23 cents of land situated in survey No. 327/2 of Pandit Villuru village, Podur Mandal, West Godavari district. The first respondent issued a notification, dated 27. 4. 2007, proposing to acquire the said land, along with two other bits of one Mr. Samayamanthula Satya naga Venkata Subramanya Janaraja gupta. A notice under Section 5-A of the land Acquisition Act, 1894 (for short "the act") inviting objections, was issued. The petitioner states that he submitted his objections within the stipulated time, and so far, no declaration under Section 6 of the act was issued. He contends that with the expiry of one year from 24. 7. 2007, it becomes impermissible for the respondents to issue declaration. Reliance is placed upon 1st proviso to sub-section (1) of section 6 of the Act, as amended by the a. P. State Legislature.

(2.) SRI N. Subba Rao, learned Counsel for the petitioner, submits that with the expiry of one year from the date of notification, the notification issued under Section 4 (1) of the Act virtually becomes inoperative or invalid.

(3.) LEARNED Government Pleader for land Acquisition obtained instructions at the stage of admission and made extensive submissions. It is pleaded that the owner of the other land, which is notified for acquisition under the same notification, filed w. P. No. 1183 of 2007 before this Court and an order of interim stay was in force between 11. 6. 2007 and 17. 1. 2008. According to her, the respondents have time till 2. 12. 2008 to publish notification under section 6 of the Act, inasmuch as the period during which the stay operated has to be excluded.