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2008 Supreme(AP) 95

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
C.V. NAGARJUNA REDDY, J.
E.P. Vinaya Sagar - Appellant
Versus
Land Acquisition Officer-cum-Revenue Divisional Officer" Kamareddy, Nizamabad and others - Respondents
WPMP No.29740 of 2007 and
WPNo.25051 of 1998
Decided on : Eighth Day of February, 2008

Advocates appeared:
KM. Mahender Redcfy, Counsel for the Petitioner in both the Cases; Government Pleader for Land Acquisition, Counsel for the Respondents Nos.1 and 2 in both the Cases; Padmanabha Roo for (Mrs.) B.G. Uma Devi (SC for APSRTC), Counsel for the Respondent No.3 in both the Cases.

Headnote:(A) Doctrine – Doctrine of laches is not an absolute and unqualified one. If petitioner is able to make out a case on merits, he cannot be non-suited on jejune grounds of delay and laches. (Para 13 – 16)

       (B) Land Acquisition Act, 1894 – Sections 11(A) and 17 – Section 11(A) does not apply to cases of acquisition invoking urgency clause u/s 17(2). (Para 29)

ORDER:-

The facts of the case lie in a narrow compass and they are stated hereunder:

on 20.4.1972 and draft declaration was approved by the Government on 25.9.1972 and published in the District Gazette on 23.11.1972. The petitioner claims that possession of the land to the extent of Acs.ll.15 gunt as, including the land of his father was taken in November, 1971 whereas the respondents averred that the possession was taken on 22.3.1974 and handed over to the Corporation. Award was passed on 20.1.1976 only to the extent of Acs.9.16 guntas, leaving out the land owned by the petitioner's father. Compensation in respect of the lands covered by the award was paid to the landowners.

2. The petitioner, who pleaded that he was not aware of the acquisition proceedings due to the sudden death of his father for a long time, appeared to have approached the revenue authorities in the year 1988. The Mandal Revenue Officer, Kamareddy, after holding a detailed enquiry, submitted his report vide Letter No.AI/1135/ 93 dated 13.7.1994, wherein he mentioned that the petitioner, who is the successor-in interest of the deceased pattadar is a Government employee working at Hyderabad and that he might not have an idea about the properties held by his father and that the petitioner had been going around his office since the year 1988, The father of the petitioner was the

3. The Revenue Divisional Officer, owner of land admeasuring Acs.2.05 guntas Kamareddy Division, Nizamabad District vide comprised in Sy.No.778/E of Kamareddy, his Letter No.A4/1167/92 dated 24.9.1996 Nizamabad District. He died on 11.4.1975. informed the Vice-Chairman and Managing In the year 1971, the Andhra Pradesh State Director of the Corporation that on 3.9.1996 Road Transport Corporation (for short, 'the the petitioner caused a legal notice issued Corporation') requisitioned an extent of for payment of compensation in respect of Acs.12.33 guntas in Sy.No.778/ AA etc., for Ac.1.39 guntas 'of land, that his verification construction of a bus depot and bus stand at of records revealed that the said extent Kamareddy Town. This land included an of land was excluded from the award extent of Ac.1.39 guntas belonging to the passed on 20.1.1976, that the Surveyor of father of the petitioner. Draft notification Mandal Revenue Office, Kamareddy, who dated 24.1.1972 of the Land Acquisition was instructed to demarcate the land in Act, 1894 (for short, 'the Act') was Sy.No.778, submitted a detailed report, which published in the Nizamabad District Gazette revealed that an extent of Acs.12.33 guntas of land is in occupation of the Corporation, whereas the award was passed only for an extent of Acs.9.16 guntas, that the excess land of Acs.3.17 guntas included the land of the petitioner's father and that the petitioner submitted a legal heir certificate to prove that he succeeded to the property of his father. He also informed the Corporation that the file concerned of his office is running since 1992 and that a number of reminders were issued to the Vice-Chairman and Managing Director of the Corporation, Executive Engineer of Karirnnagar and Depot Manager of Kamareddy, but no action was taken. He also opined that as there was no possibility of continuing the acquisition proceedings in view of the Land Acquisition Amendment Act 68 of 1984 since time expired for passing of supplementary award by 23.9.1996, a fresh notification was required to be issued. He therefore requested the Corporation to send a requisition for initiating fresh proceedings for acquisition of Acs.3.17 guntas.

4. Evidently, there was no response to the said letter. The Revenue Divisional Officer, Kamareddy, therefore sent a detailed reminder vide his letter dated 4.4.1997. In the said letter he reiterated the contents of his earlier letter dated 24.9.1996 and also his request to send a requisition for initiating fresh proceedings under the Act.

5. as there was no response either to letter dated 4.4.1997 or 24.9.1996 of the reve














































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