Andhra Pradesh High Court
Judges : S.V.MARUTHI
D.Vijayalakshmi - Appellant
Versus
DIST.COLLECTOR, KRISHNA - Respondent
Decided On : 03-24-99
Sec.11-A can have no application to cases of acquisitions u/S17 - Lands once vested in Govern-ment can not be reverted to owner - Government had taken possession of property in 1980 and enjoying, depriving owners right to enjoy property and also amount of comepensation - Notifications issued u/S 4(1) dated 13-3-80, 25-1-90 and
13-1-97 declared void - Land Acquisition Officer directed to issue fresh notification and pass award within 3 months and determine compensation with reference to the date on which fresh notification issued.
Pendency of Proceedings under ULC Act is not a bar for determining compensation payable under L.A. Act when once power under the Act has been exercised.
( 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.
( 4 ) LATER on after the amendment to the L. A. Act No. 68 of 1984, the Divisionalsuperintendent, South Central Railway, Vijayawada, vide letter dated 8-9-1987 sent fresh proposals to the 2nd respondent to initiate fresh proceedings under the L. A. Act for acquisition of petitioners lands and other lands in total ac. 16-98 cents. Therefore, notification under Section 4 (1) was again issued on 25-1-1990 and published on 22-2-1990. But no steps were taken for passing of the award and for payment of compensation. However, in respect of some land covered by this notification an award No. 3/92 dated 18-4-1992 was passed. Again the notification dated 25-1-1990 was cancelled and another notification dated 13-1-1997 in respect of petitioners lands was published. However, no steps are taken for determining the compensation and passing of the award. Hence this writ petition seeking the relief as mentioned in the above paragraph.
( 5 ) THE relief sought for in W. P. No. 20360/96 is to declare that by operation of Section 11-A of the L. A. Act, the land acquisition proceedings have lapsed and consequently to direct the 2nd respondent to pass an award by reviving the land acquisition proceedings by issuing fresh notification under section 4 (1) of the Act in respect of NTS Nos. 2,20,23 and 27 of Machavaram village, Vijayawada Urban of an extent of 2. 28 cents belonging to the petitioners and to fix the market value existing as on the date of the fresh notification with all the oenefits accrued under the L. A. Act.
( 6 ) THE brief facts of this writ petition are that the petitioners are the ownersof Ac. 2. 28 cents which form part of Ac. 22-19 cents in NTS Nos. 1, 2, 4,. 5, 6, 7, 9,10,11,14,17,18, 20, 21, 23, 24, 26, 27, 28 and 29 of Machavaram village, vijayawada urban. Respondents 3 and 4 had taken possession of petitioners lands on 14-3-1980 in NTS Nos. 2, 20, 23 and 27 of an extent of 79 cents, 68 cents, 61 cents and 19 cents respectively. The statements of the petitioners were
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