HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.13193 OF 2014 DATE: 07-08-2014 Between:
Bosa Kalyan Parvathi, D/o. Bolla Appa Rao, Aged 49 years, Occu: Housewife, R/o. Mannepally Village, P.Gannavaram Mandal, East Godavari District, rep.by her Special Power of Attorney holder Sri Gullipilly ShouriRaju s/o. Mariya Das, Aged about 45 years, occu: Business, r/o.Flat No.404, Ram Enclave, Kirlampudi Road, Visakhapatnam.
… Petitioner And The Government of Andhra Pradesh, rep.by its Principal Secretary (Land Acquisition) Secretariat Buildings, Hyderabad and others.
…. Respondents This Court made the following :
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.13193 OF 2014 ORDER:
Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 14.12.2006 proposing to acquire the land to an extent of Ac.9.79 cents in Tatipaka village of Razol Mandal of East Godavari District. This acquisition proceedings include the land of the petitioner to an extent of Ac.5.89 cents in Sy.Nos.5/3, 6/1, 20/1 and 20/2 of Tatipaka village. This writ petition is instituted alleging that since the draft declaration was not notified within the time prescribed by the Land Acquisition Act, 1894 (Repeal), the land acquisition proceedings have lapsed and, therefore, petitioner is entitled to alienate the land as private property. However, the decision of the petitioner for alienation of the land is objected by the registering authority on the ground that Section 4(1) notification subsists. Hence, this writ petition.
2. Learned counsel for the petitioner submits that as no award was passed within the time permitted in the Act, by virtue of statutory mandate, the proceedings abate.
3. Learned Government Pleader produced written instructions furnished by the Land Acquisition Officer. As per the contents of the instructions, earlier two writ petitions were instituted before this Court challenging the various proceedings of the Land Acquisition Officer and there was interim stay operating against the respondents from 23.01.2007 to 11.08.2011. This period has to be excluded for computing the total period, in which draft declaration as required to be made. Thus, as per the extend period draft declaration had to be notified by 30th June, 2012, however, no such notification was issued. The Land Acquisition Officer, therefore, submits that the land acquisition proceedings have lapsed. In view of the said statement of the Land Acquisition Officer, it is clear that the Land acquisition proceedings have lapsed and, therefore, petitioner is entitled to deal with the property as his private property and there can be no restraint imposed by any authority from dealing with the property of the petitioner.
4. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand cancelled.
JUSTICE P.NAVEEN RAO Date: 07.08.2014 Kkm HONOURABLE SRI JUSTICE P.NAVEEN RAO kkm WRIT PETITION NO.13193 OF 2014 DATE: 07-08-2014