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1989 Supreme(AP) 70

Andhra Pradesh High Court
Judges : A.SEETHARAM REDDY
Munagala Sambi Reddy - Appellant
Versus
Dist.Collector Guntur - Respondent
W.P.No. 14053/87 etc.
Decided On : 02-07-89
Advocates Appeared :
Mr. V.L.N.G.K. Murthy,Mr. P.M. Gopala Rao

Headnote:LAND ACQUISITION ACT, Sec. 3-A as introduced by Amendment Act, 22 of 1976, 4 (1) and 5-A and A.P. Urban Areas (Development) Act, 1975 - Secs. 18 and 56 (2) Acquisition of land by District Collector for development of same into plots by Urban Development Authority and for allotment - Finalisation of report under Sec.5-A by District Collector without sending it for approval by Government - Acquisition is not vitiated.

       Held : The power of the delegation postulated under Section 3-A of the L. A. Act and the notification issued thereunder in G O. Ms. No. 4288, dt. 11-9-1980, by which the powers of the Government have been delegated inter alia under Secs. 4 and 5·A of the L.A. Act to the District Collector concerned must be held applicable to this Case and so, it is competent for the District Collector to issue the notification under Sec.4 (1). The language of Sec. 3-A of the LA Act as well as Secs. 56 (2) of the Urban Areas Act being in pari materia, by virtue of referential legislation, the notification must also be deemed to the have been issued within the meaning of See 56 (2) of the Urban Areas Act. So construed, the District Collector had power under the delegated authority to issue the notification under Sec. 4 [1] of the L.A. Act. As per the delegation contemplated under Sec. 3-A of the L.A. Act, Sec. 5-A enquiry report is needless to be sent to the Government for its approval, as the Collector under the delegated powers is competent to approve the same.

       W. Ps. Dismissed

A. SEETARAM REDDY, J.

( 1 ) COMMON points arise in all these - writ petitions and therefore they could be disposed of by a common judgment.

( 2 ) AN area of Ac. 102-63 cents of land in Koritipadu village has been acquil red, by way of a notification under section 4 (1) of the Land Acquisition Act (for short la Act) dated 15-9-86 for the purpose of development of the same into plots by the urban Development Authority, the 3rd respondent herein and for allotment of the same for construction of the houses. That is the subject-matter of challenge in these writ petitions.

( 3 ) SEVEN contentions are raised on behalf of the petitioners by Sri VLNGK murthy; (1) The notification so issued under section 4 (1) of the L. A. Act has to be quashed since the Collector is not competent to issue the same, as it has to be issued by the Government, which has been admittedly for the benefit of the Urban development Authority. (2) The acquisition is with a profit motive and so, it is a fraud on power. (3) The wholesale acquisition of the land comprising Ac. 102-63 cents is not necessary. (4) There are Government lands in an extent of 100 acres leased out to a church and since the lease is expired, the lands could have been utilised, rendering thereby the acquisition unnecessary. (5) Initially an extent of Ac. 123-31 cents of land was proposed for acquisition, which is later reduced to Ac. 102-63 cents by deleting the land and there by showing favour in favour of some of the land owners. (6) The report under section 5-A of the LA Act has not been sent to the government for its approval, as it has been finalised only by the District Collector and so, it is bad. (7) The enquiry under section 5-A of the LA Act is a mere farce and is not proper,

( 4 ) THE first contention is based on the language of section 18 of the A. P. Urban areas (Development) Act, 1975 (hereinafter referred to as urban Areas Act, ). Hence, the contents of the same be set out straightway. "18: Compulsory acquisition of land;- (1) If, in the opinion of the Government, any land is acquired for the purpose of development or for any other purpose under this Act the Government may acquire such land under the provisions of the land Acquisition Act, 1894. "section 56 (2) of the aforesaid Act also may be set out :"56 (2) The Government may by notification, direct that any power exercisable by them under this Act, except the power to make rules, may also be exercised by such officer as may be mentioned therein, in such cases and subject to such conditions, if any, as may be specified therein,"

( 5 ) BEFORE analysis, section 3-A of ] the L. A. Act, which was brought in by amendment Act 22 of 1976, may be read:"3-A. Delegations of functions; - the State Government may, by notification in the Andhra Pradesh Gazette, direct that any power conferred or any duty imposed on them by this Act, shall in such circumstances and under such conditions, if any, as may be specified in the notification, be exercised or discharged by the District collector. "the notification issued by the Government in G. O. Ms. No. 4288 Revenue (K.) Dept. , dated 11-9-1980 reads:"in exercise of the powers conferred by Section 3-A of the Land Acquisition Act 1894 (Central Act No. 1 of 1894) the governor of Andhra Pradesh hereby directs that the District Collectors of visakhapatnam. Vizianagaram, Krishna, guntur, Hyderabad, Medak and Ranga reddy districts shall in their respective jurisdiction exercise all the powers conferred and discharge all the duties imposed on the State Government under sections 4, 5-A, 6 and sub-section (4) of section 17 of the said Act in their respective jurisdiction for the purpose of acquisition of land for construction and improvement of houses and other developmental purposes undertaken by the Visakhapatnam Urban Development authority; Vijayawada, Guntur, tenali, Mangalagiri Urban Development authority, and the Hyderabad Urban Development authority. "

( 6 ) THE contention in the main of the lear















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