SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1980 Supreme(AP) 117

Andhra Pradesh High Court
Judges : ALLADI KUPPUSWAMI, PUNNAIAH
Sadar Anjuman Ahmediyya, Muslim Mission - Appellant
Versus
State OF A.P. - Respondent
W. P. 4910/79
Decided On : 04-10-80
Advocates Appeared :
.

Headnote:Land Acquisition Act, Sections 4, 6, and 48 and Rule 5 of the Rules made in G. O. Ms. 2110 Rev. (I.L.I.)., dt. 14-10-59 and General Clauses Act, Section 21-Notification withdrawing the acquisition not made by Government-Subsequent acquisition without fresh notification-Valid.

       Held: Section 21 of the General Clauses Act provides that where by the any central Act or Regulation, as power to issue notification is conferred, then that power includes a power, exercisable in the link manner, and subject to the like sanction and conditions if any, to add to, an end, vary or rescind any notification. While this section empowers the Government to rescind a notification made by it under any Act or Regulation, it provides that the power to rescind must be exercised in a like manner and subject to the like sanction and condition as in the case of making a notification. It, therefore, follows that if the power to acquire the land is to be exercised by means of notification under Sections 4 and 6 of the Land Acquisition Act which are to be published in the Gazette the power to cancel or rescind that notification should also be exercised by the issue of a notification duly published in the gazette. In this case, there is neither such a notification nor was there any publication in the Gazette. Therefore, the acquisition proposals cannot be taken to have been dropped and can be continued without the course to a fresh notification under Sections 4 and 6 of the Land Acquisition Act.

       W. P. Dismissed.

ALLADI KUPPUSWAMY, J.

( 1 ) THE petitioner is a president of a Society Sadar Anjuma Ahmediyya, Hyderabad. Ahmadiyya is a sect or the denomination of Islam religion and is a minority community which maintains its own religious institutions.

( 2 ) THE case of the petitioner is that the Society entered into an agreement to purchase S. Nos. 294 to 302 of the extent of Ac. 76-00 in Attapur village, Rangareddy District at the rate of Rs. 2,500. 00 per acre and paid Rs. 1,60. 000. 00 to the vendors from time to time towards the sale price. The Society was put in possession of the land and also constructed a building at a cost of Rs. 50,000. 00 in the year 1967 for the purpose of carrying on religious activities. Out of this land, the land bearing S. Nos. 294 to 300 was notified for acquisition under the Land Acquisition Act and the notification under S. 4 of the Land Acquisition Act dated 10-3-1971 was published in the Gazette on 25-3-1971. On the same day, a notification under Section 6 of the Land Acquisition Act was also published. Representations were made to the State Government not to acquire the land as it belongs to a minority sect and was used for religious purposes. In view of this representation, the case of the petitioner is that the acquisition proceedings were dropped in the year 1974 and a memorandum to that effect dated 20-10-1974 was issued by the Government the 1st respondent herein. The petitioner however was surprised that proceedings under the land Acquisition Act were started again on 26-3-1979. The Society gave a representation to the Special Deputy Collector, Land Acquisition (General), Hyderabad that he had no jurisdiction to continue the land acquisition proceedings. It was contended inter alia before him that as the land formed part of Ranga Reddy District, he had no jurisdiction to continue the land acquisition proceedings. This contention was rejected by the 2nd respondent by his order dated 23-4-1979. The petitioner thereupon filed this Writ Petition praying for the issue of an appropriate direction directing the 2nd respondent to forbear from proceeding under the Land Acquisition Act with regard to the acquisition of S. Nos. 294 to 300 in Attapur Village measuring Ac. 64-15 guntas. Sri A. Venkata Ramana, the learned counsel for the petitioner has urged the following contentions before us: (i) The land acquisition proceedings were dropped in 1974 and the respondents had no jurisdiction proceedings. The Land could not be acquired without fresh notifications under Section 4 and 6 of the Land Acquisition Act. (ii) The land acquisition proceedings are violative of the fundamental rights 9f the petitioner Society granted under Article 26 of the Constitution of India. (iii) There was no public notice of the substance of the notification under Section 4 of the Land Acquisition Act at a convenient place in the locality as required by Section 4 (1) of the land Acquisition Act and hence the acquisition proceedings are illegal. (iv) Even though the notification under Section 4 of the Land Acquisition Act was published on 25-3-1971 no proceedings under the Land Acquisition Act were taken until 1979 and in view of this enormous delay the proceedings are illegal and are liable to be quashed. (v) The Special Deputy Collector, Hyderabad who is the 2nd respondent herein has no jurisdiction to continue the land acquisition proceedings as the land is situated in Ranga Reddy District. CONTENTION I : - The first and main contention is that the land acquisition proceedings were dropped even in 1974 and hence proceedings cannot be taken in pursuance of the earlier notifications of 1971 without issuing fresh notifications. The respondents deny that the land acquisition proceedings were dropped. In any event, it is contended that until and unless there is a notification cancelling the earlier notification or withdrawing the land from the acquisition proceedings, the original, notification continues to be in force and proceedings












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top