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GODA RAGHURAM
E. Ram Reddy – Appellant
Versus
District Collector, Nizamabad District – Respondent
Heard the petitioner in person and the learned Government Pleader for Land Acquisition on behalf of the respondents.
2. This case illustrates yet again the disregard of the legislative mandate [of the provisions of the Land Acquisition Act 1894 (‘the Act’)], by the executive branch of the State.
3. The petitioner assails the acquisition process including the Draft Notification u/Sec.4(1), (dispensing with the salutary process of inquiry u/Sec.5A of the Act by irrational and unwarranted invocation of urgency u/Sec.17) and the wholly inexplicable failure of the State to tender and pay 80% of the estimated compensation amount.
4. As the substantive facts are admitted this court prefers to record the flow of events from the counter affidavit filed by the 1st respondent - the District Collector, Nizamabad:
A) On the instructions of the State Government the Nodal Officer, the M.R.O. and the M. D.O. of Balkonda Mandal, Nizamabad District conducted “Prajala Vaddaku Palana” in 1998. At this event the people of Venchiriyal village belonging to the weaker sections represented to the Nodal Officer to provide house sites. In response 3rd respondent along with the Mandal Su
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