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IN THE HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA
T.Prasad – Appellant
Versus
State of AP., Rep.By Its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to land acquisition notification and rights. (Para 1 , 2) |
| 2. procedure details for land acquisition and related legal actions. (Para 3 , 4) |
| 3. contentions regarding land possession and notification legality. (Para 5) |
| 4. issues with publication and possession in acquisition process. (Para 6 , 7 , 8 , 9 , 10) |
| 5. findings on improper legal procedures leading to invalid acquisition. (Para 11 , 12) |
| 6. writ petition allowed; notification set aside. (Para 13 , 14) |
ORDER :
Nagesh Bheemapaka, J.
This Writ Petition is filed challenging the Gazette Notification No. G1/2376/2004, dated 04-02-2005 issued under Section 4 (1) of the LAND ACQUISITION ACT proposing to acquire Acs.50.06 guntas of land in Survey No. 21, 22 and 23 of Raviryala Village, Maheswaram Mandal, Ranga Reddy District including the Award bearing No. C/165/2005, dated 25.10.2005 as illegal, arbitrary and not in accordance with law.
2. It is the case of petitioners that subject land was acquired for expansion of Hardware Park proposed by the then A.P.Industrial Infrastructure Corporation Limited, i.e. the 5th respondent, presently Telangana State Industrial Infrastructure Corporation Limited and that petitione
Failure to comply with statutory publication requirements and omit mandatory enquiry under Section 5(A) invalidated the land acquisition process.
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
The Land Acquisition Officer's failure to independently assess objections vitiates the acquisition process, which must comply with statutory requirements including Section 5A of the Land Acquisition ....
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....
Acquisition of Land - Compensation - It is settled that the forum of writ petition is not as a matter of right or an appellate forum but is an extra ordinary remedy provided to check miscarriage of j....
Acquisition of Land - Grant of damages - Notification under Section 4 of the Act was not in consonance with the provisions of the Act.
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.
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