The State and the respondents denial, to allot alternative land to the petitioner and seeking a direction that the respondents 1 and 2 allot him alternative land, and a declaration that the 5th respondents memo No. C/1669/96 dated 25-01-2003 is illegal and arbitrary, is the grievance and reliefs sought in this writ petition.

2. The petitioners grievance, culminating in this writ petition and in the several proceedings leading to it has had a meandering course.

The facts:

3. The petitioner was the owner of a property bearing D.No.13/6/790 including a residential house in 400 square yards and a sawmill in 514 square yards at Sangam, Langar House, Gudimalkapur, Golkonda Mandal, Hyderabad. A draft notification under Sec.4 (1) of the Land Acquisition Act, 1894 (for short "the Act") dated 14-11-1996 proposed acquisition of 6766 square metres, including 914 square yards (equivalent to 764.10 square metres) of the petitioners land aforementioned. The declaration under Sec.6 was published on 09-12-1997. Questioning the acquisition proceedings, the petitioner filed W.P.No. 751 of 1998. Stay of dispossession was granted by an interim order of this Court dated 12-01-1998 in W.P.M.P.No. 848 of 1998. The stay was thereafter made absolute on 09-11-1999. Pending the writ petition the 3rd respondent called upon the petitioner to submit an application for allotment of alternative land.

Responding to this the petitioner submitted a representation dated 10-02-2000 requesting provision of an alternative Government land in the same locality.

4. Pursuant to the petitioners application, the 3rd respondent in a letter No. 0-4/2939/ 96, dated 10-02-2000 directed the 6th respondent to identify 500 square yards of Government land in the same locality from the surplus land available and to send up proposals along with a sketch, to enable allotment of alternative Government land in the same locality to the petitioner, at an early date. The 6th respondent submitted the report n his letter No.C/337/94, dated 22-07-2002 to the 4th respondent. This report stated that an extent of 9604 square metres of patta land in T.S.No.6/1,3,4,7 to 11,13/1,15/1 and 16/2 of Guddimalkapur village was acquired for development of Bapughat; that at the time of acquisition the petitioner was the owner of 914 square yards, had filed a writ petition and obtained an interim stay; that an extent of AC.2.24 gts, in Sy.No.173 and AC.17.25 guntas of Government poramboke land at Ibrahimbagh village was available and it was proposed to be exchanged with defence land in lieu of the land taken over in T.S.No.3 of Guddimalkapur village. The 6th respondent sought issuance of necessary orders.

5. On receiving the report dated 22-07 -2002, the 4th respondent submitted proposals in a letter No. G/13069/98 dated 07-8-2002 to the 2nd respondent, recommending that in the circumstances alternative site be allotted to the petitioner from out of AC.20.19 guntas of vacant Government land of Ibrahimbagh village, Golkonda Mandal, while retaining the remaining land for allotment to Defence authorities in lieu of the Defence land acquired for the Bapughat.

6. Noticing the above development, W.P.No.751 of 1998 was disposed of by a learned single Judge of this Court by an order dated 02-12-2002 with the following observations:

In view of the same, when once the authorities have agreed to allot alternative site, this court is not inclined to go into the validity or otherwise of the impugned notification issued. However, if the authorities fail to honour the commitment, namely, allotting alternative site equivalent to the land acquired by the respondent, it is open for the petitioner to question the same before the appropriate forum. This Court hopes that the District Collector will consider the case of the petitioner as recommended by the Revenue Divisional Officer, Hyderabad Division, dated 07-08-2002, quietus to the litigation, within two months from the date of receipt of a copy of the Order

7. On 25-01-2003