LAWS(APH)-1989-9-33

P KAMALADEVI Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On September 12, 1989
P.KAMALADEVI Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY, HYDERABAD Respondents

JUDGEMENT

(1.) The petitioners are the owners of an extent of Ac. 3.20 guntas of land covered by Survey Nos. 29, 31 to 35 situate in Ameerpet village, R.R. Dist. A large extent of Ac. 35.35 guntas including the above said lands belonging to the petitioners was subject matter of the Land acquisition proceedings. A notification in that regard u/s 4 (1) of the Act was issued on 4-8-77 and the substance of the notification was published locally on 3-10-77. The notification u/s 4(1) of the Act covers the entire extent of Ac. 35.35 guntas. Challenging the same four writ petitions viz., W.P. Nos. 5538, 5563, 5644 and 5722 of 1981 were filed by four different individuals which were allowed by a full Bench of this Court on 3-12-82 on the ground that susbtance of the notification was not published in the gazette simultaneously, and the notificatioa was struck down in its entirety. Aggrieved by that the State preferred appeals to the Supreme Court. It must be mentioned in this context that the A.F. Legislature amended Sec. 4 (1) of the Land Acquisition Act in its application to the State of Andhra Pradesh in 1984 with retrospective effect from September 12, 1975. The Supreme Court by its judgment dated 30-9-85 in Civil Appeal No. 5839/42 of 1983 confirmed the judgment of the High Court,

(2.) Even though the above stated writ petitions were pending in thiscourt, proceedings u/s 18 of the Land Acquisition Act were also simultaneously initiated. The petitioners in the above writ petitions as well as the petitioners in the present writ petition are the claimants in Section 18 proceedings. Apart from Section 18 proceedings, the petitioners are also figuring as parties in proceedings u/s. 30 of the Act. O.P. 12/83 on the file of the first Additional Judge, City Civil Court, Hyderabad concerns with S. 18 proceedings and O.P. 13 on the file of the same learned Judge concerns with Sec. 30 proceedings. The proceedings u/s. 30 were necessitated because of the claim made by one Sheik Imam on the ground that the lands acquired alleged to be belongingto the petitioners were wakf properties. On 20-3-86 after, the judgment of the Supreme Court, the Land Acquisitiqn Officer filed a memo in the Court of the First Additional Judge requesting that so far as the claimants in the a bove four writ petitions are concerned, their claims in O Ps. may he closed. Specifically opposing that memo, the petitioners herein filed a,counter contending that they are still in possession of the lands and that their cases should also be closed. The matter is still pending in the City Civil Court.

(3.) The present writ petition was filed on 7-10-86 alleging that theaction of the respondents-State of Andhra Pradesh and the Land Aequisition Officer, in interfering with the possession of the petitioners in respect of Ac. 3.20 guntas of land covered by S. Nos. 29, 31 to 35 is arbitrary. They prayed for a declaration that as a result of the judgment of this Court in the said four writ petitions striking down the notification issued u/s 4(1) of the Act and subsequent judgment of the Supreme Court dated 30-9-85, the respondents have no right to take possession of the lands in question. The second respondent, the Land Acquisition Officer, Hyderabad Urban Development Authority filed a counter-affidavit contending that inasmuch as the petitioners herein were not parties to the earlier writ petitions, they are not entitled to, the relief claimed. The writ petition is also liable to be dismissed on the ground of laches, it is further averred.