Writ Petition No. 979 of 2008 · Andhra Pradesh High Court
Case at a glance
Outcome
Disposed of
Accordingly, the Writ Petition is disposed of
Provisions considered
- Land Acquisition Act, 1894 s. 4(1)
Key paragraphs
- Para 77. Accordingly, the Writ Petition is disposed of. No order as to costs.
Judgment
Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition.
The petitioners filed this writ petition to declare the Notification Ref. No.G3/4373/07 dated 22.07.2007 to acquire the lands in an extent of Ac.6.00 cents in R.S.No.34/1 and 34/3A of Muramanda Village, Kadiam Mandal, East Godavari District and the order dated 02.12.2007 of the 2nd respondent as being illegal and arbitrary.
The case of the petitioners is that pursuant to the notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), dated 22.07.2007, the 3rd respondent had issued notices under Section 5-A of the Act to the land owners to file objections. As the petitioners are also in possession of the property as statutory tenants, they also filed their detailed objections on 09.08.2007 apart from the legal notice dated 27.07.2007. Since the land owner is a lunatic person, the District Court has appointed a guardian to look after his properties and the guardian appointed has also raised various objections.
This Court, on 24.01.2008, passed interim order, thus: “Government Pleader seeks time for instructions. Post on 31/01/2008. 2 Meanwhile, status quo as on today regarding possession shall be maintained till 04/02/2008. All other proceedings can go on.”
The respondents filed their counter stating that Section 4(1) notification was issued on 22.02.2007 and Section 5-A enquiry was conducted and the proceedings were also served on the petitioners, and a draft declaration under Section 6 of the Act was given on 18.01.2008.
In view of the above facts and circumstances and having regard to the submissions of both the learned counsel, it seems that after a draft declaration was issued under Section 6 of the Act on 18.01.2008, for the reasons best known to the respondents, no further proceedings under the Act were proceeded with and no award was passed, and possession of the land was also not taken. Hence, the land acquisition proceedings were lapsed. However, the respondents are at liberty to acquire the lands under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Operative part
Accordingly, the Writ Petition is disposed of. No order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. ___________________________ JUSTICE M.GANGA RAO 12-11-2019 3 THE HON’BLE SRI JUSTICE M.GANGA RAO Writ Petition No. 979 of 2008 12-11-2019
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is disposed of
Which statutory provisions did this judgment involve?
Land Acquisition Act, 1894 — s. 4(1).
Which court decided this case, and when?
Andhra Pradesh High Court, on 12 Nov 2019. The bench was M GANGA RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.