Andhra Pradesh High Court
Judges : N.V.RAMANA
M.Sowbhagyamma (died) - Appellant
Versus
Land Acquisition Officer, Hyderabad - Respondent
W.P.No.22899/94
Decided On : 10-24-03
Advocates Appeared :
Mr.Y. Rama Rao
value.
As per amended provision Collector is under obligation to make award u/Sec.11 within period of 2 years from date of publication of declaration and if he fails to make award within stipulated time entire land acquisition proceedings would stand lapsed.
Contention that once possession of land is taken over by Government, question of land acquisition proceedings getting lapsed and question of LAO issuing fresh notice does not arise and more so when acquired land stood absolutely vested in Government without any encum-brance.
In the instant case possession of land was taken even prior to issuance of notification u/Sec.4(1) and it is not case of LAO that land acquired by invoking special provision having regard to urgency after following procedure enumerated u/Sec.17(1) of Act - Since provisions of Sec.17(1) have no application to facts of present case, provisions of Sec.11-A of Act, squarely apply and inasmuch as Award not passed within period of two years prescribed in Sec.11-A of Act, entire land acquisition proceedings are held to have lapsed.
However acquired lands of petitioner now form part and parcel of Inner Ring Road, which has already come into existence, petitioner cannot be put back into possession of land - Land Acquisition Officer directed to acquire land by issuing notification u/Sec.4(1) once again afresh and pass award - Writ petition, allowed.
( 1 ) THE Land Acquisition officer, Hyderabad Urban Development authority, Hyderabad, acquired an extent of Ac. 14-16 guntas of land comprised in sy. Nos. 63, 64, 66/u, 66/5, 66/7, 66/9, 66/ 12, 66/14, 67 and 68 of Mansoorabad village, Hyderabad East, Ranga Reddy district, belonging to several persons, for the purpose of formation of Inner Ring Road from Tarnaka to Uppal Junction to join national Highway No. 9. The petitioners herein own three plots bearing Nos. 39, 49 and 50 in an extent of 1100 Sq. yds. , situated in Sy. No. 64. Even before issuance of notification under Section 4 (1) of the land Acquisition Act, 1894 (for short the Act ) on 18-5-1978. the Land acquisition Officer, took possession of the acquired land on 6-11-1977. Thereafter, enquiry under Section 5-A of the Act was conducted on 5-6-1978 and Declaration under Section 6 of the Act, was made on 14-6-1979. When proceedings under sections 9 and 10 of the Act were initiated and notices dated 17-9-1979 issued, one smt. G. Veena Devi and three others, who own an extent of Ac. 2-26 guntas of land in sy. No. 64, filed writ petition in W. P. No. 6625 of 1979 questioning the said notices before this Court, and this Court by an order dated 10-10-1979, passed in W. P. M. P. No. 8948 of 1979, stayed all further proceedings pursuant to the said notices. Subsequently, the said writ petition, by order dated 15-7-1982, was dismissed as having become infructuous. During the pendency of the said writ petition, save to the extent of the land covered by Sy. No. 64, in respect whereof there was stay granted by this Court, the Land Acquisition Officer completed the award proceedings. Though the petitioners own three plots in an extent of 1100 Sq. yds. of land in Sy. No. 64, they have not questioned the land acquisition proceedings, and there was no stay in respect of the said land. The Land Acquisition officer, however, has not passed any award in respect of the land of the petitioners. According to the petitioners, as per the amended provisions of the Land Acquisition act, 1984 (for short the amended Act ), especially the provisions of Section 11-A, the Land Acquisition Officer, is required to complete the land acquisition proceedings within a period of two years from the date of publication of declaration, and inasmuch as no award has been passed by the Land acquisition Officer within the time stipulated, in respect of the land of the petitioners, despite lapse of more than 20 years from the date of publication of declaration, the petitioners contend that the land acquisition proceedings in respect of their land, should be declared to have lapsed. So contending, the petitioners invoked the extraordinary jurisdiction of this Court under Article 226 of the constitution of India, praying for the following relief: to declare the land acquisition proceedings initiated by the respondent and the notification issued under Section 4 (1) of the land Acquisition Act, 1894 for acquisition of the land belonging to the petitioners, as having lapsed, and consequently to direct the respondent to initiate land acquisition proceedings afresh for acquisition of the said land and conclude the same expeditiously and to pay them compensation as per the prevailing market rate.
( 2 ) HEARD the learned Counsel for the petitioner and the learned Government pleader for Land Acquisition.
( 3 ) THE learned Counsel appearing on behalf of the petitioners would contend that having regard to the provisions of the amended Act, particularly Section 11-A thereof, which came into effect from 24-9-1984, the land acquisition proceedings are required to be completed within two years from the date of publication of declaration, and in case where the publication of declaration has been made prior to the commencement of the amended Act, the award shall be made within two years from the date of commencement of the amended Act, and the period of stay granted by the Court, if any, shall stand excluded, fro
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