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2024 Supreme(AP) 311

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. Raghunandan Rao, Harinath.N, JJ.
The Automobile Technicians Association - Appellants
Versus
Malladi Lakshmi Narayana & others. – Respondents
W.A.Nos.1753 of 2008, 522 of 2009, 125, 1161 & 1162 of 2010
Decided On : 03-09-2024

Advocates:
Advocate Appeared:
For the Appellant : Sri P. Raja Gopal Rao, learned Counsel, Sri O. Manoher Reddy, learned Senior Counsel, Smt. Iswarya Nagula, learned counsel, P Rajagopal Rao, P Roy Reddy, Aishwarya Nagula, V V N Narayana Rao
For the Respondent: Sri Malladi Lakshmi Narayana, appearing as party-inperson, Sri P. Raj Gopal Rao, Sri P.R. Prasad, Sri J. Ugranarasimha, G.P. for Land Acquisition, G.P, Vivek Chandra Sekhar S, P Roy Reddy, P Rajagopal Rao, P Rajagopal Reddy

The failure to pass the award within the two-year statutory period under the Land Acquisition Act renders the acquisition proceedings invalid, regardless of stays granted in other cases.

Headnote:(A) LAND ACQUISITION ACT, 1894 - Sections 4(1), 6, and 11-A - Acquisition proceedings for land challenged based on the argument that the award exceeded the two-year limit - Court held that the time of stay excluded should be considered, ultimately finding the award was out of time. (Paras 19, 21, 60)

(B) Authority to Approve Award - Requirement of governmental prior approval for the award; failure to secure such approval within the stipulated time results in the lapse of the entire acquisition process. (Paras 25, 36)

Facts of the case:
The appeals arise from orders related to land acquisition for an automobile industrial estate, where various landowners challenged the timeliness and validity of the award on multiple grounds, including stay periods.

Findings of Court:
The Court found the award dated 5.08.2005 was invalid as it was passed beyond the statutory period stipulated, reaffirming the importance of compliance with the legislative timeframes in land acquisition proceedings.

Issues: The key issues involved whether the award was timely, the nature of stays, and their implications regarding the acquisition process.

Ratio Decidendi: The Court ruled that prior governmental approval must be secured within prescribed periods and determined that the timelines were exceeded, thus validating the challenges against the award.

Result: Writ Appeals dismissed.

Table of Content
1. background details of land acquisition and related disputes. (Para 3 , 4 , 5)
2. appellants contest validity of the award issued post mandatory timeline. (Para 6 , 10)
3. challenge of land acquisition process initiated by government. (Para 7 , 8)
4. arguments raised concerning timelines and compliance with statutory regulations. (Para 9 , 11 , 13)
5. court accepts relevant dates for the award process. (Para 14 , 15 , 16)
6. critical assessment of timing related to land acquisition award. (Para 19)
7. analysis of stay periods affecting award timeline. (Para 20 , 21 , 24)
8. court analysis and determination based on established legal principles. (Para 22)
9. establishment of valid grounds for excluding stay periods. (Para 32 , 34 , 58)
10. court concludes the appeals and dismisses them. (Para 60 , 61)

JUDGMENT :

Heard Sri P. Raja Gopal Rao, learned Counsel appearing for the appellant in W.A.No.1753 of 2008, Sri O. Manoher Reddy, learned Senior Counsel appearing for appellant in W.A.No.1161 of 2010, Smt. Iswarya Nagula, learned counsel appearing for the appellant in W.A.No.1162 of 2010, Sri Malladi Lakshmi Narayana, the respondent in W.A.No.1753 of 2008, W.A.No.522 of 2009 and W.A.No.125 of 2010, who is appearing as party-in-person. Sri Malladi Lakshmi Narayana has submitted written arguments which have been perused by us.

2. All these Writ Appeals are being disposed of, by way of a common Judgment, as they arise out of two separate orders of the erstwhile High Court of Judicature of Andhra Pradesh and raise essentially the same facts and questions of law.

3. The Andhra Pradesh Industrial Infrastructure Corporation had intended to establish an automobile industrial estate at Kanuru Village, near Vijayawada, and had sought the assistance of the Government for acquiring necessary land for this purpose. The government had initiated acquisition proceedings for approximately 148 acres of land situated in Sy.Nos.181 to 184 of Kanuru Village, Penamaluru Mandal. The said acquisition process was challenged, by way of W.P.No.2370 of 1988, and the same came to be quashed by a Judgment of this Court. Subsequently, a fresh notification for acquiring an extent of Ac.152.08 cents in Sy.No.60/2 and 61 to 63 of Kanuru Village was issued. The notification under Section 4(1) of the LAND ACQUISITION ACT , 1894 (hereinafter referred to as „the 1894 Act.) was published in the Gazette of 21.04.1995. The enquiry, under Section 5-A of the Act, was dispensed with and the declaration under Section 6 of the Act was published on 28.04.1995. The last publication of the declaration, under Section 6 , was carried out in the local newspapers, on 23.05.1995. Thereafter, initially, two writ petitions came to be filed, questioning the notification under Section 4(1) and the declaration under Section 6 , by way of W.P.No.10651 of 1995 and W.P.No.10652 of 1995. The said W.P.No.10652 of 1995 came to be filed by the petitioners in W.P.No.3957 of 2006. Similarly W.P.No.10651 of 1995 came to be filed by one Malladi Krishna Mohan, who subsequently passed away and his legal heirs were brought on record as petitioners 2 to 4 in that writ petition. The said writ petitions were filed and interim directions of stay of further proceedings was granted, in both writ petitions, on 30.05.1995. On 28.06.1995 and 04.07.1995, these orders, in both writ petitions, were modified and the stay was restricted to stay of dispossession, with liberty being granted to the respondent authorities to complete all other formalities. Subsequently, both these writ petitions came to be dismissed on 12.08.2003. The writ appeals filed against the order of dismissal also came to be dismissed. After the dismissal of the writ petitions and the Writ Appeals, an award, dated 05.08.2005, is said to have been passed by the Collector. The said award was challenged, by the writ petitioners in W.

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