The court ruled that any amendment to land acquisition notifications requires a fresh enquiry under Section 5-A of the Land Acquisition Act, ensuring compliance with due process to protect property rights.

ORDER :

CHALLA GUNARANJAN, J.

This writ petition challenges the amended notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, “the Act”), dated 06.02.2010, followed by declaration issued under Section 6 of the Act on the same day and consequential award, dated 03.03.2012, for acquiring the petitioner land admeasuring Ac.2.23 cents in Survey No.327/3 of Pandithavilluru Village, Poduru Mandal, West Godavari District, as illegal, without jurisdiction, in violation of principles of natural justice and offending Article 300-A of the Constitution of India.

2. The petitioner owns an extent of Ac.2.23 cents in Survey No.327/2 and an extent of Ac.2.56 cents in Survey No.327/3 of Pandithavilluru Village, Poduru Mandal, West Godavari District. Initially, notification under Section 4(1) was issued on 27.04.2007 proposing to acquire petitioner land in Survey No.327/2 admeasuring Ac.2.23 cents for the purpose of providing house sites to weaker sections. As declaration under Section 6 came to be issued after lapse of one year from the date of publication of Section 4(1) notification, the petitioner filed W.P.No.18659 of 2008 challenging the aforesaid notification and the declaration. By order, dated 01.09.2008, the said writ petition was allowed, however, liberty was granted to issue fresh proceedings. Later on, the 2^nd respondent has issued a fresh notification under Section 4(1) on 11.12.2008 proposing to acquire the very same land of the petitioner in Survey No.327/2 and the same was published on 18.12.2008. In pursuance of the same, enquiry under Section 5-A of the Act was conducted. The petitioner has submitted objections during the enquiry, which came to be rejected by proceedings, dated 30.01.2009. It is further stated that as no other villager was coming forward to part with their land for construction of houses to weaker sections, respondents 2 to 4 have come up with a promise to pay the market value at the rate of Rs.7,50,000/- per acre within two weeks from the date of respective farmers giving consent, believing which, the petitioner has given consent by letter, dated 14.08.2009 agreeing to part with his other land in Survey No.327/3 admeasuring Ac.2.23 cents. The petitioner has also signed Form-III agreement, dated 09.02.2010 and affidavit in Form-IV, as prescribed under the Andhra Pradesh Land Acquisition Negotiations Rules, 1992 (for short, “the Negotiations Rules, 1992”), giving consent for acquiring an extent of Ac.2.23 cents in Survey No.327/3. However, the respondents have neither concluded the proceedings in terms of the agreement in Form-III nor have returned back the aforesaid documents, but, surprisingly, they proceeded with the proceedings under revised Section 4(1) notification, dated 11.12.2008, by issuing declaration under Section 6 on 04.02.2010.

3. The petitioner filed W.P.No.15899 of 2011 questioning the aforesaid Section 4(1) notification, dated 11.12.2008 and Section 6 declaration, dated 04.02.2010. This Court, while issuing notice before admission, passed interim order, dated 13.06.2011 directing the respondents to maintain status quo, however, as the respondents tried to enter into petitioner land and flag them, Contempt Case No.952 of 2011 was filed to punish the officers for violating the aforesaid interim order. In those proceedings, counter-affidavit was filed informing that the 2^nd respondent had issued amended notification, dated 04.02.2010, which was gazetted on 06.02.2010 proposing to amend the revised Section 4(1) notification, dated 11.12.2008, by which, the land of the petitioner in Survey No.327/3 admeasuring Ac.