D VIJAYALAKSHMI Vs. DIST COLLECTOR KRISHNA

JUDGEMENT

(1.) These three writ petitions are disposed of by a common judgment as the issues involved are more or less common to all the writ petitions.

(2.) W.P. No.17068/97 was filed by four petitioners who are owners of Ac.5-10 cents in NTS No.l of Block No.9 of Machavaram village, Vijayawada Urban Mandal, Krishna District. Originally the writ petition was filed claiming compensation under the Land Acquisition Act, 1894 (for short 'the L.A. Act') on the basis of the notification issued under Section 4(1) of the L.A. Act on 13-1-1997 on the ground that the earlier notifications have lapsed. Later on the petitioners have filed an Amendment Petition in W.P.M.P. No.23246/98 seeking an amendment of the prayer which was allowed on 10-7-1998. By the virtue of this Amendment Petition, the petitioners are seeking a Writ of Mandamus declaring the notifications dated 5-11-1979 and 25-1-1990 issued by the 2nd respondent under Section 4(1) of the L.A. Act as illegal, arbitrary and unreasonable and violative of Articles 14 and 300-A of the Constitution of India and to direct the respondents to initiate proceedings under Section 11 of the L.A. Act and to pass award and pay compensation amount to the petitioners as per Section 4(1) Notification.

(3.) The brief facts in this writ petition are as follows,The petitioners' lands were acquired for construction of quarters for employees of South Central Railway and advance possession was taken on 17-12-1979. Although Notification under Section 4(1) of the L.A. Act was issued and declaration made under Section 6 of the L.A. Act notifying an extent of Ac.22-19 cents including the petitioners' lands to an extent of Ac.5-10 cents, and notification was published on 31-3-1980, no further steps were taken by the respondents for payment of compensation. However, in respect of Ac.3-72 cents in NTS No.28 of Machavaram village covered by the same notification an Award No.12/84, dated 13-8-1984 was passed.