Andhra Pradesh High Court
Judges : RAMA RAO
Southern Shipping, Traders - Appellant
Versus
District Collector, Visakhapatnam - Respondent
Decided On : 11-13-85
LAND ACQUISITION - SECTION 5-A INQUIRY - NATURE AND SCOPE - SATISFACTION OF COLLECTOR REGARDING ACQUISITION - DECLARATION UNDER SECTION 6 - PROCEDURE - SPEAKING ORDER AND COMMUNICATION TO OWNER - NECESSITY.
Fact of the Case:
Petitioners challenged the notification under Section 4(1) and the draft declaration issued under Section 6(1) of the Land Acquisition Act, alleging that the inquiry under Section 5-A was not conducted properly and the authorities did not apply their mind while issuing the declaration.
Finding of the Court:
The Court held that the inquiry under Section 5-A is an administrative one and not a quasi-judicial inquiry. The Collector is required to hear objections and submit a report to the Government, which is not binding on the Government. The Government, after considering the report and the records, has to satisfy itself as to the acquisition. The declaration under Section 6 is issued only after the Government is satisfied that the acquisition is for a public purpose.
Issues: 1. Whether the inquiry under Section 5-A of the Land Acquisition Act is a quasi-judicial inquiry? 2. Whether the Collector is required to pass a speaking order on the inquiry under Section 5-A? 3. Whether the Collector is required to communicate the order on the inquiry under Section 5-A to the owner of the property under acquisition?
Ratio Decidendi: 1. The inquiry under Section 5-A is an administrative inquiry and not a quasi-judicial inquiry. 2. The Collector is not required to pass a speaking order on the inquiry under Section 5-A. 3. The Collector is not required to communicate the order on the inquiry under Section 5-A to the owner of the property under acquisition.
Final Decision: The Court dismissed both the writ petitions, holding that the authorities had complied with the provisions of the Land Acquisition Act and that the petitioners' objections were without merit.
( 1 ) THE facts in both these Writ petitions being identical and the points of law arising for determination also being the same, they can be disposed of by a common judgment; and for purposes of this judgment, it is enough if the facts in W P No 2696 of 1985 are stated.
( 2 ) THESE are petitions to issue a writ of certiorari and quash the notification under Section 4 (1) and the draft declaration issued under Section 6 (1) of the Land Acquisition Act.
( 3 ) THE averments in the affidavit filed in support of the petition in W P No 2696 of 1985 may be briefly stated. The petitioner is a firm and purchased Ac. 2-29 cents of land situated in S No 179/6, 7, 10, 12,13 and 14 in Guiiyinda agraharam, Chipurupalle Taluk, Vizianagaram district. This land is abutting the railway line near Chipurupalle Railway Station, and the necessary permission has been obtained for using this land as loading platform for manganese ore. The petitionerfirm also registered a small scale industry unit under the name and style of M/s Andhra Iron works, Chipurupalle to manufacture cast iron material. The petitioner also applied for financial assistance to the a P State Finance Corporation and the loan proposal has been cleared. In order to locate the plant, the petitioner applied to the Director of Town Planning for permission, and the Director approved the plan for the construction of the factory. The petitioner-firm also started civil works and completed foundation and basement. Permanent sheds were constructed and bore-well and motor pump were installed The petitioner- firm spent more than one lakh rupees on these installations. The petitioner firm obtained electricity connection for borewell and also placed orders for machinery. On issuance of notice under Sec. 9 (3) and Sec. 10 of the Land Acquisition Act, the petitioner filed W P No 8146 of 1982 questioning the land acquisition proceedings; and this Court, by judgment rendered on 8-12-1983, directed the authorities to hold Sec. 5-A inquiry. Pursuant to this direction. Sec. 5-A inquiry was conducted and the statement of the Manager of the petitioner-firm was recorded on 7-6-1984. The draft declaration under Sec. 6 of the Land acquisition Act was published in the daily newspaper "the Indian Express", without passing any order on the inquiry made under Sec. 5-A. The objections raised in Section 5-A inquiry were not duly considered, and the authorities did not apply their mind. The notification itself shows that there are permanent structures on the land proposed to be acquired.
( 4 ) IN the counter-affidavit filed by the 1st respondent, it is stated that the land in question was proposed for acquisition for providing house-sites to 82 rickshaw pullers. The draft notification under Sec. 4 (1) and the draft declaration under Sec. 6 were approved by the Collector and the same were published in the District Gazette dated 23-9-1982 and the substance of the notification under Sec 4 (1) was also published. Tnis Court, by its order dated 8-12-1983 in W P No 2020 of 1983, directed the authorities to conduct an inquiry under Sec. 5-A. Thereupon, notices were issued to all the concerned persons and the inquiry was conducted and a detailed report was submitted to the Collector on the objections raised by sri V. Sambasiva Rao and M/s Southern shippers and Traders. After considering the objections, the Collector approved the fresh draft declaration under Sec. 6 and the same was published. The substance of the draft declaration also was published in the village on 19-3-1985 and notices under Sections 9 (1) and 19 and 9 (3) were issued and the inquiry for passing an award was posted to 12-4-1985. M/s Southern shippers and Traders filed this Writ Petition and, in view of the orders passed granting stay of dispossession of the lands in S No 179/6, 7, 10, 12, 13 and 14,. the remaining lands forming the subject-matter of acquisition belonging to Sri V. Sambasiva Rao and M/s Lal traders and Agencies Pvt. Ltd. ,
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