ORDER:

The present writ petition is filed by the petitioners seeking the following relief:

“....... to issue, order or direction particularly one in the nature of writ of Mandamus declaring the impugned Gazette Notification No.Wgl./LA/28/2006 Dated 13.7.2006 U/s 4(1) of Land Acquisition Act and Draft Declaration under Section 6 vide Gazette No. Wgl/LA/13/2007 dated 03.05.2007 in respect of the Petitioners' lands to an extent of Ac.4.14 guntas in Sy.No.390/B situated at Bhupalapally Village, Bhupalapally Mandal, Warangal District and consequential further proceedings as totally illegal, without jurisdiction, colourable exercise of power and violative of principles of natural justice and also violative of Articles 21 and 300-A of Constitution of India and consequently set aside the same and to pass such and further order or orders in the interest of justice.

2. It is the case of the petitioners that they are the owners and possessors of plots ranging from 121.3 square yards to 1210 square yards, forming part of the total extent of 21054.82 square yards in Sy. No. 390/B situated at Bhupalpally Village and Mandal, Warangal District. The petitioners purchased their respective plots under registered sale deeds from Sri Amudala Sammaiah and his family members during the years 2004 to 2007 for the purpose of construction of residential houses and establishment of educational institutions. The entire extent of Ac. 4-14 guntas in Sy. No. 390/B had already been sold to various purchasers and houses were constructed, while some plots are being utilized for residential schools and other educational purposes. Bhupalpally, being a major Gram Panchayat and Mandal Headquarters, has been rapidly developing with several residential and institutional establishments in and around the said survey number.

3. While the petitioners were in peaceful possession and enjoyment of their respective plots, the respondent authorities initiated acquisition proceedings at the instance of the 3rd respondent Company for inclusion of the said land in the mine take area of KTK-5 and 5A Incline for extraction of coal. The petitioners submitted a representation dated 05.12.2005 raising objection to the proposed acquisition. During the process of consideration of objections and collection of information, Notification under Section 4(1) of the Land Acquisition Act vide Gazette No. Wgl. /LA/28/2006 dated 13-07-2006 was issued invoking the urgency clause under Section 17(4) and dispensing with enquiry under Section 5-A. Thereafter, Declaration under Section 6 vide Gazette No. Wgl./LA/13/2007 dated 03-05-2007 was published and subsequently notices under Section 9(3) dated 13-08-2009 were issued calling upon the petitioners to appear for award enquiry under Section 11 of the Act.

4. The petitioners contend that the land sought to be acquired is a small developed extent situated in the midst of a developed residential and institutional locality, where several educational institutions and offices are functioning. Invocation of the provisions of the Land Acquisition Act in respect of such developed land for mining purposes amounts to colourable exercise of power.

5. It is further case of the petitioners that dispensing with enquiry under Section 5-A, which confers a valuable statutory right upon landowners, by invoking Section 17(4), and issuing Declaration under Section 6 nearly one year after publication of Section 4(1) notification, followed by issuance of Section 9(3) notices after nearly three years, clearly demonstrates absence of real urgency and constitutes abuse of statutory power. Whereas the respondents did not comply with the mandatory requirements under Section 4(1) of the Act, including publication of the substance of notification in the locality and publication in two newspapers, nor were the mandatory requirements relating to publication of Declaration under Section 6 properly complied with. The impugned notifications are therefore, liable