BANDARU SATYAM Vs. DISTRICT COLLECTOR VIZIANAGARAM

JUDGEMENT

(1.) Questioning the notification under Section 4 (1) of the Act of the year 1981, W.P. No. 9865/81 was filed and stay of dispossession was granted. That writ petition was disposed of on 5-12-1985 with a direction to conduct enquiry under Section 5-A of the Act. The order in W.P. No. 9865/81 dated 5-12-1985 was received by the respondent on 20-1-1986 and notice under Section 5-A was issued on 30-4-1986 calling for objections on 5-6-1986. Subsequently fresh notice was issued on 7-9-1987 fixing the date of enquiry on 9-10-1987. On 12-10-1987 the petitioners submitted their objections. As the period of three years elapsed from the date of issuance of Section 4 (1) notification, fresh notification was issued on 20-2-1988. Section 5-A enquiry was conducted on 27-5-1988. The draft declaration under Section 6 was issued on 17-11-1988.

(2.) It is submitted that Section 4 (1) notification was published only in Telugu Newspapers. The argument is that publication must be made in two newspapers, out of which one must be in Vernacular language. It is not stated that the other publication must be in English. The notification was published in the Gazette and the substance was also published in the village. It was also published in two daily newspapers viz., Eenadu dated 5-4-88 and Andhra Prabha dated 3-4-1988.

(3.) The second contention is that the respondent has no right to issue a fresh notification under Section 4 (1) of the Act without withdrawing the notification issued under Section 4 (1) of the Act in 1981. The issuance of fresh notification did not cause any injury or loss to the petitioners. On the other hand for the purpose of fixation of compensation the date will be 20-2-1988, which is advantageous to the petitioners. Once three years period is over within which land acquisition proceedings are not completed, the only course left open for the Government is to publish the notification again. In the present case they again published it after three years and the question of withdrawing the original notification or to mention the same in the fresh notification does not arise.