Andhra Pradesh High Court - Amravati
G. Janardhana Rao, vs The State Of Ap Rep By Its Prl. Secretary ... on 12 November, 2019
Author: M.Ganga Rao
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.2784 of 2008
ORDER:
The petitioner filed this Writ Petition, questioning the notification issued under Section 4(1) of Land Acquisition Act in Form-2A in respect of the petitioner's land situated in Survey No.132 of Paradesipallem Village, Chinagadily Mandal, Vishakapatnam District vide allotment No.14351, dated 25.06.1996 of A.P.Bhoodan Yagna Board by invoking urgency clause under Section 17(4) of Land Acquisition Act.
2. The learned Assistant Government Pleader appearing for respondent Nos.1, 2 and 4, based on the counter affidavit states that the land was proposed to be acquired for Visakhapatnam Urban Development Authority to develop the area for comprehensive Satellite Township in Paradesipalem Village and that as the land of Bhoodan Yagna Board has fallen within the alignment, in the notification issued under Section 4(1) of the Land Acquisition Act, petitioner name is not shown as he is not in possession of land required for acquisition. The substance of the Draft Notification Under Section 4(1) of the Land Acquisition Act are as follows:
Sl.No. Mode of Publication Date of publication of Draft Notification
1. Visakhapatnam District 28.01.2008 Gazette issue No.7/08
2. News paper: Eenadu 29.01.2008
3. News paper: Vijayabhanu 30.01.2008 2
4. Substance in the locality 30.01.2008 The Draft Declaration Under Section 6 of Land Acquisition Act was approved by the District Collector, Visakhapatnam in his proceedings R.Dis.No.112/2008/G1, dated 02.02.2008. The particulars of the publication of the Draft Declaration Under Section 6 of the Land Acquisition Act are as stated below:
Sl.No. Mode of Publication Date of publication of Draft Notification
1. Visakhapatnam District 02.02.2008 Gazette issue No.12/08
2. News paper: Vaartha 03.02.2008
3. News paper: Leader 04.02.2008
4. Substance in the locality 08.02.2008 As the land is required urgently, 5(A) enquiry was dispensed with and invoked urgency clause under Section 17(4) of the Land Acquisition Act and the D.D. under Section 6 of the Land Acquisition Act also was published.
3. As per the proceedings sheet, this Court granted interim order on 21.02.2008 directing the respondents not to dispossess the petitioner from the land admeasuring Ac.5-00 cents in Sy.No.132 of Paradesipalem Village, Visakhapatnam District and the same was extended from time to time, and the respondents filed vacate petition in W.V.M.P.No.3578 of 2008 and same is pending for adjudication before this Court. 3
4. The 2nd respondent/District Collector filed counter stating that the petitioner is not in possession of the said land. Hence, his name is not reflected in 4(1) notification. However, counter is silent with regard to the completion of land acquisition proceedings and passing of the award. However, if petitioner is having title, possession in respect of the land admeasuring Ac.5-00 cents situated in Survey No.132 of Paradesipallem Village, Chinagadily Mandal, Visakhapatnam District, he can claim compensation as per law. The land situated in Paradesipallem Village, Chinagadily Mandal, Visakhapatnam District is given to the Visakhapatnam Urban Development Authority to develop the area as comprehensive Satellite Township in Paradesipalem Village.
5. Having considered the facts and circumstances of the case and submissions of the learned counsel, this Court felt it appropriate to dispose of the Writ Petition, giving liberty to the petitioner to approach the competent Civil Court and seek appropriate orders to protect his land and for payment of compensation. Accordingly, the Writ Petition is disposed of. No order as to costs.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
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7. Consequently, Miscellaneous Petitions, if any, pending shall stand closed.
___________________ M.GANGA RAO, J 12.11.2019.
sdp 5 THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No.2784 of 2008 12.11.2019 sdp