General Manager, South Central Railway, Rail Nilayam, Secunderabad vs D. Vijayalakshmi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(AP) 96

THE HON’BLE SRI JUSTICE V. ESWARAIAH & SRI JUSTICE G.V. SEETHAPATHY
General Manager, South Central Railway, Rail Nilayam, Secunderabad and another - Appellants
Versus
D. Vijayalakshmi and 3 others - Respondents
WRIT APPEAL Nos.752, 753, 979 & 853 of 1999, WRIT PETITION No.16060 of 2002 & WRIT APPEAL No.1550 of 2003
Decided On: 20-02-2009

Advocates appeared:
1. Counsel for the Appellant:MR.T.RAMAKRISHNA RAO
2. Counsel for the Respondent Nos.1 & 2: MR.K.V.SATYANARAYANA
3. Counsel for the Respondent Nos.3 & 4: GP FOR LAND ACQUISITION

Headnote:Land Acquisition Act, 1894—Section 4(1)—Acquisition of land—Possession of land taken over prior to issuance of notification u/s 4(1) is not a valid possession under the provisions of Land Acquisition Act—Land vests in Government only if possession is taken after passing of award u/s 11 or in case of urgency u/s 17(1) of the Act—Collector cannot take possession of the land unless the Government directs him to do so—When once possession is taken in accordance with provisions of Land Acquisition Act, said possession cannot be divested and Government cannot withdraw a notification also—Single Judge rightly allowed the writ petitions of landowners and dismissed the writ petition filed by Railways—Appeal dismissed. (Paras 37, 40 and 48)

COMMON JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah)

The General Manager, Secunderabad and Divisional Manager, vijayawada of the South Central Railway and Union of India filed the Writ Appeals Nos.752 and 753 of 1999 aggrieved by the common order dated 24.03.1999 passed by a learned single Judge in W.P.20360/1996 and W.P.No.17068/1997 respectively. The same appellants filed Writ Appeal No.1550/2003 against the interlocutory order dated 15.04.2003 in dismissing the WPMP.23679/2002 in W.P.No.32745/1997.

2. Writ Appeal Nos.853 and 979 of 1999 are filed by the Land Acquisition Officer (Sub-Collector), Vijayawada aggrieved by the very same common order of a learned single Judge in W.P.Nos.17068/1997 and 20360/1996, dated 24.03.1999. Thus, these four writ appeals arise out of the common order dated 24.03.1999 made in W.P.Nos.17068/1997 and 20630/1996 at the instance of the South Central Railway, Union of India and Land Acquisition Officer.

3. W.P.No.16060/2002 is filed by Dulipala Venkata Satyanarayana, questioning the jurisdiction of the Principal Suboridinate Judge, Vijayawada in entertaining and deciding the compensation, payable for the land, admeasuring Ac.1.48 cents covered by NTS No.2, acquired by 4(1) notification, dated 26.03.1990, in view of the pendency of the Writ Appeal Nos.752 and 753 of 1999 on the file of this Court questioning the validity of Award No.11/1996 by the Land Acquisition Officer and consequently return the reference to the Land Acquisition Officer.

4. W.P.No.20360/1996 is filed by D.Vijayalakhsmi and D.V.Satyanarayana, respondents in W.A.752/1999, for declaration of the Award No.11/1996, dated 16.08.1996 passed by the Land Acquisition Officer, fixing the compensation as per the market value existing as on 30.03.1980, the date of earlier 4(1) notification and deducting 80% of the value towards developmental charges, as illegal and unconstitutional, and further declare that by operation of Sec.11A of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) the land acquisition proceedings have lapsed, and consequently, direct the Land Acquisition Officer to pass award by reviving the land acquisition proceedings, by issuing fresh notification under Sec.4(1) of the Act in respect of NTS Nos.2, 20, 23 and 27 of Machavaram village, Vijayawada Urban of an extent of Ac.2.28 cents and to fix the market value existing as on the date of fresh notification with all consequential benefits accrued under the amended Act 68 of 1984.

5. W.P.No.17068/1997 is filed by C.Nagendra and three others, respondents 1 to 4 in W.A.No.753/1999, declaring that 4(1) notifications dated 05.11.1979 and 25.01.1990 as illegal, arbitrary and to pass award for payment of compensation as per 4(1) Notification dated 13.01.1997 and to initiate proceedings under Sec.11 of the Act forthwith and to pass award and pay compensation amount to the petitioners.

6. The General Manager, Secunderabad and Divisional Manager, Vijayawada of South Central Railway filed W.P.32745/1997, calling for the records relating to issuance of the notification under Sec.4(1) of the Act in Government Memo No.967, Irrigation & CAD Department dated 15.10.1996, published in A.P.Gazette Extraordinary Part-I, dated 05.12.1996 as illegal, unconstitutional, inoperative and consequential declaration in G.O.Rt.No.140, Transport R & B (Ports) Department dated 25.01.1990 published in A.P.Gazette Notification dated 22.02.1990 as illegal and inoperative.

7. It is the case of the writ petitioners in W.P.17068/1997 that their lands of an extent of Ac.5.10 cents in NTS No.1, Block No.9, Machavaram village, Vijayawada Urban Mandal, Krishna District are sought to be acquired for construction of quarters for the employees of South Central Railway and advance possession was taken on 17.12.1979, even without issuing 4(1) notification as well as Sec.6 Declaration, which was issued later on, notifying an extent of Ac.22.19 cents, out of which, an award was passed for Ac

Click Here to Read the rest of this document

2009 Supreme(AP) 96

Cases Referred (11)