Failure to take possession of the land within the specified timeframe after dispensing with the S.5A enquiry renders the acquisition invalid, irrespective of subsequent amendments validating certain acquisitions.

K. MADHAVA REDDY, C. J.:- This review petition is filed by the third respondent in the writ petition, Annapurananagar Public Service Cooperative House Building Society Limited, Guntur, to review our judgment dt. 28-6-83. By that judgment we had allowed the writ petition calling in question the acquisition of Ac. 4-00 in S. No. 135 and Ac. 4-00 in S. No. 151 of Koretipadu village belonging to the writ petitioners who are impleaded as respondents 1 and 2 in this review petition. That writ petition was allowed following Full Bench decision of this Court in K. Gangaram v. Tahsildar Metpally (1983) 1 Andh. W.R. P-354: (AIR 1984 NOC 5). That decision, inter alia, laid down that if the substance of the notification under S.4(1) was not published in the locality simultaneously with the publication of the same in the official gazette, the land acquisition proceedings under the land Acquisition Act would be void and no further steps could be taken thereof. However, subsequently the Land Acquisition Act was amended by the Land Acquisition (Andhra Pradesh Amendment and Validation Act, 1983 (Act No. 9 of 1983). Under that Act certain acquisitions were validated. That Act was given retrospective effect from 12th September, 1975. The present acquisition proceedings commenced with a notification under S.4(1) dated 14-11-1977 and published in the gazette on 1-12-1977. Therefore, the Amendment Act applies to this case. The acquisition of all land under notifications published in the gazette but the substance whereof was not published simultaneously in the locality with the publication in the gazette, but published within forty days thereof were validated. Therefore, the ground on which this writ petition was allowed does not subsist, the substance of the notification in this case having been published on 12-12-1977. The notification under S.4(1) is invalid. If this was the only point to be considered in this review petition, our judgment dated 28-6-1983 would have to be set aside. But it is argued on behalf of the respondents-writ petitioners that where S.5A is dispensed with, as is done in this case, under S.4 of the Amendment Act making certain amendments to S.17 of the Principal Act, possession of the land should be taken within threw months of the date on which the enquiry under S.5A is dispensed with. In this case, it is seen that the notification under S.6 was published on 20-12-1977, but possession was not taken until 10-3-1978. The record clearly establishes that on 28-3-1978 the Revenue Divisional Officer wrote to the Tahsildar to take possession and deliver it to the review-petitioner Co-operative House Buildings Society and possession was reported to have been taken on 10-3-1978. The writ petitioner, however, assert that this was only a paper delivery and in fact they continue to be in possession. It is unnecessary for us to go into this question as even according to the review petitioner possession was delivered to it on 30-3-1978, which is beyond three months of the date on which the enquiry under S.5A was dispensed with. The result is that even after applying the Amendment Act, No. 9 of 1983, since possession was taken beyond three months of the date on which S.5A enquiry was dispensed with it cannot save the acquisition made by dispensing with the said enquiry and consequently S.5A enquiry has to be made. After

S.5A enquiry is made and the objections, if any raised, are overruled, further proceedings have to be taken after issuing a notification under S.6 of the Land Acquisition Act. But in view of the first proviso to S.6, the notification under S.6 should be made within three years from the date of the publication of S.4(1) notification. That period has elapsed long ago. So irrespective of the result of the enquiry under S.5A the acquisition

proceedings under the Land Acquisition Act have to be quashed and the land of the writ petitioners cannot be acquired pursuant to S.4(1) Notification published on 1-12-1977.

2. Theref