IMPORTANT POINT
Issuing a direction governed by undue sympathy to petitioners contrary to provisions of law does more harm to them.

JUDGMENT :

Anil R. Dave, J.

1. Leave granted.

2. At the request of the learned counsel for the parties, the appeals have been finally heard today.

3. Chequered history of these appeals started with issuance of notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) on 20th March, 1978. The respondents are the land-owners of the land forming part of TS No.83/1 of Waltair Ward of Visakhapatnam, which is the subject matter of these appeals. Necessary notification under Section 6 of the Act was also issued. The award was made and ultimately compensation in respect of the land in question was also determined at Rs.7,82,612.56. The said amount was deposited in the Court. The land in question was required for the purpose of widening of a road.

4. After the Award was made, the respondents/land-owners of the land in question made a request to the authorities concerned for withdrawal of the acquisition, though possession of the land in question was, in fact, taken on 20th February, 1982. The matter ought to have ended there because the land was acquired, possession was taken and the amount of compensation was also deposited with the Court, but in pursuance of the request made by the land-owners, the acquisition proceedings initiated under Section 4 of the Act was ordered to be withdrawn under G.O.M. No.156 dated 25th February, 1982. Thus, by virtue of the said Government Order, acquisition of the land in question was withdrawn. Subsequently, Government Order dated 25th February, 1982, whereby the acquisition proceedings was withdrawn, was cancelled under G.O.M. No.714 dated 11th November, 1983.

5. Effect of the proceedings which had taken place upto now was that the land was acquired, possession was taken, Award was made and compensation was deposited with the Court and yet G.O.M. No.156 dated 25th February, 1982 was issued, whereby the acquisition proceedings was withdrawn, but subsequently withdrawal of the acquisition proceedings was cancelled and thus the notification dated 20th March, 1978, which was initially issued, remained in force.

6. At this stage, the owners of the land in question filed Writ Petition No.11326 of 1983 praying for quashing of G.O.M. No.714 dated 11th November, 1983, whereby withdrawal of the land acquisition proceedings was cancelled. The said Petition was disposed of on 25th April, 1984 by giving a direction to the authorities to reconsider the issue with regard to acquisition of the land in question. The said order dated 25th April, 1984 was challenged by filing Writ Appeal No.1081 of 1984 and the said Writ Appeal was dismissed on 1st February, 1989.

7. In pursuance of a representation made as per order dated 25th April, 1984, vide G.O.M. No.121 of 27th February, 1990, the Government requested the Collector to return the land in question to the land-owners, but the said G.O.M. No.121 was cancelled by another G.O.M. No.222 dated 30th April, 1998. The said G.O.M. No.222 gave rise to another Writ Petition No.14818 of 1998 filed by the land-owners which was disposed of on 13th November, 1998, whereby the Government was directed to reconsider the issue. The aforesaid order passed in the Writ Petition was challenged by filing Writ Appeal No.2312 of 1998, but the said Writ Appeal was dismissed on 27th February, 2002. The Respondents also filed Writ Appeal No.1074 of 1999 for return of the land in question, which was allowed by the High Court and the authorities were directed to deliver possession of the land in question to the land-owners. Being aggrieved, the appellants herein approached this Court. This Court vide order dated 22nd February, 2006 disposed of Civil Appeal Nos.1665 and 1666 of 2004 by directing the State Government to reconsider the representation made by the land-owners.

8. In pursuance of the order passed by this Court, by an order dated 18th May, 2009, by virtue of G.O.M. No.314, the State Government decided to withdraw the acquisition proceedings in respe