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1993 Supreme(AP) 163

Andhra Pradesh High Court
Judges : A.LAKSHMANA RAO, P.L.N.SHARMA, P.VENKATRAMA REDDY
Dy.Collector, L.A., Visakhapatnam Urban Development Authority, Visakhapatnam - Appellant
Versus
M.J.Swamy - Respondent
W.A.No.1123/86 etc.
Decided On : 03-26-93
Advocates Appeared :
Mr. Ms. Sumalinireddy

Headnote:Land Acquisition Act, Sec. 4(1) and (2) as amended by A.P. Amendment Act No. 9 of 1983, Secs. 6, 11-A and 48 - Publication of Sec. 4(1) notification in Gazette on 5.1.1981 in respect of acquisition of some lands Failure to publish substance of notification in the locality within stipulated time - Notification becomes void - Subsequent notification without withdrawing earlier notification - Not illegal.

       HELD:- A fresh notification under Sec. 4(1) of the land Acquisition Act can be issued without withdrawing or cancelling the earlier notification which stood vitiated by the failure to punish its substance in the locality within the stipulated time. On the expiry of forty days, the notification under Sec. 4(1) gets nullified and demanded of legal effect. If in recognition of the invalidity attaching to the notification the Collector proceeds on the basis that Sec. 4(1) notification no longer survived in law and re-starts the process of acquisition afresh, he would not be committing any invalidity. There is no legal bar to do so. It may be that a landholder aggrieved by the notification may play it safe by asking for a declaration form the Court that it is invalid, for, if that is not done, he will have to ignore that notification at his peril. But it does not follow that the Government or the Collector, as the case may be, should necessarily take the step of withdrawing or cancelling the notification. A formal cancellation of an invalid or imperative notification is not required in a case of this nature. The Collector or the Government can straight away issue a fresh notification without formally cancelling or withdrawing the same.

       1992 (3) A.L.T. 709 (D.B.) over ruled.

       W.As. Allowed.

       

( 1 ) THIS Full Bench has been constituted to consider mainly the question whether a fresh notification issued under Sec. 4 (l) of the Land Acquisition Act (hereinafter, referred to as "l. A. Act") can be issued without withdrawing or cancelling the earlier notification which stood vitiated by the failure to publish its substance in the locality within the stipulated time. The learned single Judge allowed the writ petitions holding that the earlier notification under Sec. 4 (1) subsisted notwithstanding such failure and that the fresh notification could only be issued after the withdrawal of the earlier one under Sec. 48 of the l. A. Act. When the writ appeals filed against the common judgment came up for hearing before the Division Bench consisting of Ramanujulu Naidu and Ranga reddy, JJ. , the learned Judges, after having referred to certain observations in two judgments of the Supreme Court felt that in view of the importance of the question, the cases are fit to be decided by a Full Bench. Accordingly, the four writ appeals have been referred to the Full Bench. Two other connected writ petitions have also been tagged on to the writ appeals. Thus in all, six cases are before the Full Bench.

( 2 ) THE writ appeals were filed by the respondents in the writ petitions namely the Visakhapatnam Urban Development Authority (hereinafter referred to as the VUDA ) and Special Deputy Collector (Land Acquisition) Urban development Authority, Visakhapatnam. The two writ petitions, namely w. P. 18407/89 and W. P. 8942/92 were filed by the persons who purchased the lands at the auction sale held by the Income-tax Department either during the pendency of the writ petitions or writ appeals.

( 3 ) THE relevant facts are these: The VUDA is a statutory authority constituted by the Andhra Pradesh Urban Areas (Development) Act, 1975. At the instance of VUDA, the Government of Andhra Pradesh, by G. O. Ms. No. 1203, Housing, municipal Administration and Urban Development, dated 19-9-1980 notified under Sec. 4 (1) of the L. A. Act, an extent of Ac. 8-00 and 42,926 sq. feet comprised in T. S. Nos. 442,457,991,994,999 and 1005 situate in Ward No. 2 of Bhimunipatnam municipality near Visakhapatnam. The said notification under Sec. 4 (1) of the act was published in the Andhra Pradesh Gazette dated 5-1-1981. The public purpose mentioned in the notification is "implementation of development schemes". The substance of the notification was published in the village on 10-4-1981 i. e. , more than three months after Gazette publication. The Special deputy Collector (Land Acquisition), Urban Development Authority, issued notices under Sec. 5-A of the L. A. Act on 1-4-1981 calling for objections from the interested persons. An enquiry under Sec. 5-A was conducted on 6-5-1981. The landholders including the respondents in the Writ Appeals, filed objections. After the report was submitted by the Special Deputy Collector (Land Acquisition officer), the declaratio, under Sec. 6 was approved by the District Collector, who by that time, it appears had delegated powers. The declaration under Sec. 6 was published in the A. P. Gazette on 4-7-1983. Notices under Secs. 9 (1) and 10 of the L. A. Act were issued by the Land Acquisition Officer on 5-12-1983 fixing the date of award enquiry as 6-1-1984. No enquiry seems to have been conducted. A few days before the declaration under Section 6, the Land Acquisition (A. P. Amendment and Validation) Act 1983 received the assent of the President and became law. The said Act had retrospective effect from 12th September, 1975. According to the amendment introduced to Section 4 (1) by the said Act, the collector was required to cause public notice of the substance of Sec. 4 (1) notification to be given in the locality within forty days from the date of its publication in the Gazette. Having regard to the fact that Sec. 4 (1) notification published on 1-6-1981 did not comply with this requirement, a fresh draft notification under Sec



































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