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ALOK ARADHE, ANIL KUMAR JUKANTI
Somula – Appellant
Versus
Government of Andhra Pradesh – Respondent
ORDER: (per the Hon’ble the Chief Justice Alok Aradhe)
Mr. P. Sri Raghu Ram, learned Senior Counsel represents Mr. P. Sri Ram, learned counsel for petitioners.
Mr. Mohd. Imran Khan, learned Additional Advocate General appears for the State.
2. In this Writ Petition, the petitioners inter alia have sought for a declaration that the action of the respondents for acquisition of the lands of the petitioners for establishing Information Technology Park for the benefit of respondent No.4 as arbitrary, illegal and mala fide and to forbear the respondent authorities from proceeding with the acquisition of lands.
3. Facts giving rise to filing of this petition briefly stated are that the petitioners are owners of land bearing Survey Nos.127 to 173 and Survey Nos.262 to 268 situate at Gopannapally Village, Serilingampalli Mandal, Ranga Reddy District. The aforesaid land along with other lands was required by respondent No.4 for purposes of establishment of Information Technology Park and allied projects.
4. Thereupon, the notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) was issued on 03.03.2005 which was published in the Gazette on 04.03.200
The procedural requirements under the Land Acquisition Act must be strictly followed; failure to do so invalidates the acquisition process.
Substantial compliance with statutory procedures and proper intimation and hearing of affected parties are essential for valid land acquisition.
Land acquisition – Notification - Merely because land owners had knowledge or failed to file objections would not make the notification valid if it is not published in the manner provided.
Failure to comply with statutory publication requirements and omit mandatory enquiry under Section 5(A) invalidated the land acquisition process.
The court affirmed that procedural irregularities in land acquisition notifications do not invalidate the process if the landowner participated in the enquiry and raised objections.
Mandatory compliance with notification procedures in land acquisition is essential; failure to do so invalidates the acquisition process.
Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
The principle of res judicata applies to bar subsequent challenges to notifications under the Land Acquisition Act, and delay and laches in challenging land acquisition proceedings render the petitio....
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 r....
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