S MADHUSUDHAN REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution to issue a writ of certiorari, to call for the records relating to acquisition of the petitioners' lands bearing S. Nos. 229 of 246 at Cherlapalli Village, Hyderabad East in pursuance of notification No. 328, dated 1st December, 1966 and to quash the same in the following circumstances.

(2.) The petitioners' lands were sought to be acquired so as to constitute the same as an Industrial Development area and by a Notification, they were directed to deliver possession of the lands to the Land Acquisition Officer. In an area of about Act. 6-'00 in the land sought to be acquired, there is a grape garden. The remaining land together with the grape garden is the only property belonging to the petitioners. The procedure for calling for objections under section 5-A of the Land Acquisition Act was dispensed with and a notification under section 17 (4) of the Act was published as if it is a case of emergency. The main point raised on behalf of the petitioners is that though the Government is entitled to acquire the land, there is no justification for invoking the urgency clause and to dispense with the hearing of objections under section 5-A of the Act.

(3.) In the counter affiavit filed by the Government, it is simply stated that the lands were urgently required and that therefore the provisions of section 5- A were dispensed with. In paragraphs 7 to 9 of the counter affidavit filed on behalf of the Government, it is stated as follows :- 7. The actual extent of arable or waste land was not given by the petitioner as, at the time of preliminary survey or at the time of publication of the draft notification the whole land was arable or waste." 8. " The Government is satisfied that in its opinion there is urgency and hence the provisions of section 5-A of the land Acquisition Act shall not apply......" 9. " The land in question was arable or waste land utilised in part as k ancha at the time of draft notification ".