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2008 Supreme(AP) 267

Andhra Pradesh High Court
G. ROHINI
District Collector, East Godavari District, Kakinada and another. - Appellants
Versus
Maddukuri Joga Rao and others. — Respondents
Rev.W.P.M.P.No.4269 of 2008 in W.P.No.6539 of 2006 & Rev. W.P.M.P.(SR), No.108207 of 2007 in W.P.No.26464 of 1996
Decided on : 11-04-2008

Advocates appeared:
Counsel for the petitioners: Govt. Pleader for Land Acquisition
Counsel for the respondents: M.S. Ramachandra Rao M. Krishna Mohana Rao

Headnote:Land Acquisition Act, 1894 – Section 11-A, 16 and 17 – Section 11-A has no application to cases of acquisition u/s 17 invoking urgency clause.

       (Para 7, 11, 13, 14)

ORDER:

These two Review Petitions are filed by the Respondents in the Writ Petitions with a prayer to review the common order dated 9.2.2007 rendered in W.P.No.26464 of 1996 and W.P.No.6539 of 2006.

2. The writ petitioners claim to be the owners of the land situated in Pavara village, East Godavari district, which was acquired under the provisions of the Land Acquisition Act, 1894 (for short, "the Act") for the purpose of providing house sites to the poor. It is not in dispute that the notification under Section 4(1) of the Act was published on 12.4.1984. The enquiry under Section 5A of the Act was dispensed with invoking the urgency clause under Section 17(4) of the Act and the declaration under Section 6 of the Act was published on 28.4.1984. Thereafter, possession was taken on 10.6.1984. However, W.P.No.9314 of 1984 filed by the petitioners questioning the action of the respondents in invoking the urgency clause under Section 17(4) of the Act was allowed on 18.10.1985 holding that the action of the respondents in invoking Section 17(4) of the Act was unwarranted. Accordingly, the declaration under Section 6 of the Act was set aside and the writ petition was disposed of directing the respondents to conduct enquiry under Section 5A of the Act. Pursuant thereto, after conducting enquiry under Section 5A of the Act a fresh declaration under section 6 of the Act was made on 17.1.1987. Subsequently after conducting due enquiry the award was passed on 21.11.2005 fixing the compensation.

3. In the Writ Petitions it was primarily contended by the petitioners that since the award dated 21.11.2005 was made beyond two years from the date of publication of Section 6 declaration dated 17.01.1987, the entire proceedings stood lapsed under Section 11-A of the Act. The respondents did not dispute the dates as pleaded by the writ petitioners, however, contended that during the pendency of W.A.No.776 of 1989 filed by the 1st petitioner and his mother, stay of dispossession ordered by this Court was in operation and though the said appeal was disposed of on 5.11.1992 they were not aware of the same and consequently no award could be passed.

4. The said version of the respondents was not accepted in view of the fact that there was no direction by this Court pending W.A.No.776 of 1989 staying the award proceedings. Accordingly W.P.No.6539 of 2006 and W.P.No.26464 of 1996 were allowed holding that since the award was made on 21.11.2005 beyond two years from the date of Section 6 declaration dated 17.1.1987, the notification under Section 4(1) of the Act dated 12.4.1984 stood lapsed by virtue of Section 11-A of the Act. Consequently, the respondents were directed to publish a fresh notification under Section 4(1) of the Act within a period of three months and thereafter pass a fresh award following due process of law.

5. These Review Petitions have been filed by the Respondents (Government) contending inter alia that since admittedly possession of the land in question was taken on 10.6.1984, Section 11-A of the Act has no application and therefore it cannot be held that the proceedings stood lapsed. Thus, it is contended that the common order dated 9.2.2007 in the Writ Petitions suffers from an error apparent on the face of the record and requires review.

6. In support of the above contention, the learned Government Pleader relied upon the decision of the Supreme Court in Satendra Prasad Jain v. State of U.P., AIR 1993 SC 2517.

7. It is true that Section 11-A of the Act can have no application to the cases of acquisition under Section 17 of the Act invoking the urgency clause and where the Government takes possession of the land prior to making of the Award. In such cases, as held by the Supreme Court, since the title to the land has already been statutorily vested in the Government, the same will not revert to the owners.

8. Though the learned counsel for the respondents/writ petitioners did not dispute the settled legal proposition, sought to













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