S. AMBA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and respondents.

(2.) This writ petition is filed under Article 226 of the Constitution of India seeking writ of Mandamus declaring the notifications issued under Sec. 4(1) and Sec. 6(1) of the Land Acquisition Act, dtd. 19/3/1994 and Award dtd. 1/2/2008 in proceedings No. LA/113/2004 issued by the respondents and all consequential proceedings as being illegal, arbitrary and unconstitutional.

(3.) The case of the petitioner is that he is the owner of land admeasuring Ac.0.08 guntas in Survey No.134/2, and Ac.0-15 guntas in Survey No.141 of Uppal Bhagat Village, Uppal Mandal, R.R.District and that the petitioner also purchased Ac.0.10 guntas of land in Survey No.133 under agreement of sale, dtd. 23/6/2003. Due to impugned land acquisition proceedings, the payment of total sale consideration under agreement of sale is deferred. The total extent of Ac.7.6 gts in Uppal Bagath Village, Uppal Mandal, R.R. District including the petitioners alone referred lands were notified for acquisition for the purpose of construction of sewerage treatment plant (STP) at Nalla Cheruvu under Sec. 4(1) and Sec. 6 of the L.A. Act, dtd. 19/3/2004. The enquiry under Sec. 5-A of the Land Acquisition Act, was dispensed with by invoking urgency clause under Sec. 17(4) of the L.A. Act. Consequently, notices under Sec. 9(3) of the Act have been issued and Award dtd. 1/2/2008 was passed, the petitioner did not participate in the award proceedings. The lands in Survey Nos.130, 132 and 133 to an extent of Ac.2.11 gts and land in Survey No.131 to an extent of Ac.0.14 gts was deleted from acquisition on the ground that the land owners are poor and small farmers and are dependants on the lands for their livelihood. It is also contended that after deletion of lands in Survey Nos.130, 131, 132 and 133/2, the petitioner's lands in Survey Nos.134 and 141 are two segregated blocks. While excluding lands in Survey Nos.130, 131, 132 and 133, the respondents have arbitrarily included the lands of the petitioner in the acquisition. It is also stated that as the respondent authorities have hastily invoked urgency clause for acquiring the lands, the petitioner is deprived of his valuable right to submit objections under Sec. 5-A of the Land Acquisition Act. Hence, this writ petition.