GOPALRAO EKBOLE
Guntur Ramalakshamamma – Appellant
Versus
Government Of A. P. – Respondent
( 1 ) THIS is an application under Article 226 of the Constitution of India seeking the issue of a writ of certiorari to quash G. P. Rt. No. 372 Public Works, dated 9/03/1964.
( 2 ) THE relevant facts are that the Government, intending to acquire the land, T. S. No. 357 of an extent of 3,406 sq. feet, for construction of Telephone Exchange Office in Chirala town issued a notice in G. O. Rt. No. 372, Public Works, dated 9/03/1964 under Section 4 (1) of the Land Acquisition Act, Government also, acting under Section 17 (4) of the Act, directed that in view of the urgency of the case, the provisions of Section 5-A of the Act be dispensed with. It is to challenge this direction dispensing with Section 5-A of the Act that the present writ petition is filed.
( 3 ) THE principal contention of Mr. E. Ayyapureddy, the learned counsel for petitioner is that under Section 17
( 4 ) THE application of Section 5-A can be dispensed with only in a case where the land sought to be acquired is either a waste land or an arable land. His contention is that in the case, it is neither a waste land nor an arable land but a building plot situated in the local limits of Chirala Municipal
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