THE HON'BLE SRI JUSTICE A.V. SESHA SAI W.P.Nos.5557, 7226, 10255,10589 & 11148 0f 2010 W.P.No.5557/2010 Between:
1. Ch. Venkateswara Rao, and others PETITIONERS AND
1. The District Collecor & Magistrate, Krishna District at Machilipatnam, and others.
RESPONDENTS COMMON ORDER:
Heard Sri C. Raghu, learned counsel for the petitioners in W.P.No.5557 of 2010, Sri M.V. Durga Prasad, learned Counsel for the petitioners in W.P.No.10589 of 2010 and the learned Government Pleader for Land Acquisition for respondents.
2. When the writ petitions are taken up for hearing today, the learned Government Pleader for Land Acquisition has placed on record two letters, one addressed by the Commissioner, Municipal Corporation, Vijayawada to the Sub-Collector, Vijayawada in Rc.No.G1-50300/2004, dated 2.01.2014 and the other bearing Rc.No.B2(B1).2883/2007, dated 31.01.2014, addressed by the Sub- Collector to the Government Pleader for Land Acquisition, High court of A.P., Hyderabad. A perusal of the same shows that the Commissioner, Municipal Corporation, Vijayawada vide letter dated 2.01.2014 informed to the Sub-Collector, Vijayawada, clearly that the Vijayawada Municipal Corporation does not require the subject lands in view of the present ongoing housing projects and present financial position of the Vijayawada Municipal Corporation. The Sub-Collector, Vijayawada vide letter Rc.No.B2(B.1).2883/2007, dated 31.01.2014 informed the learned Government Pleader for Land Acquisition, High Court of A.P., that the Requisition Department, Municipal Corporation, Vijayawada, does not require the land under the present acquisition.
3. In view of the above developments in the matter, this Court is of the opinion that the cause in the writ petitions does not require any further adjudication and the purpose of acquisition also does not survive.
4. In view of the above reasons, these writ petitions are allowed, setting aside the impugned proceedings. However, this order will not preclude the respondent authorities from acquiring the said lands, if they are still required, by pressing into service the provisions of the relevant legislation. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
28th July, 2014 Js.