THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6109 of 2007 Date : 17-04-2014 Between:
Palakodeti Sivaraman, son of P.Venkata Krishna Rao.
… Petitioner and The District Collector, West Godavari District at Eluru and two others.
… Respondents THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6109 of 2007 ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed, questioning the draft notification dated 21.02.2007 and the draft declaration dated 22.02.2007 issued by the District Collector, West Godavari District, Eluru.
2. Heard Sri G.Krishna Murthy, learned counsel for the petitioner and the learned Government Pleader for Land Acquisition for the respondents and perused the material available on record.
3. By virtue of the impugned proceedings, the lands belonging to the petitioners herein admeasuring Ac.7-72 cents situated in Sy.No.1310/2 of Devarapalli village and Mandal, West Godavari District are sought to be acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter called ‘the Act’) for the purpose of providing house sites to weaker sections of the village.
4. In the instant case, the proceedings are vitiated for more than one reason. The draft notification was published in the district gazette on 21.02.2007. As per the said draft notification the authorities authorised the Revenue Divisional Officer, Kovvuru, to exercise the functions of the Collector under Section 5-A of the Act which would show that the enquiry under the said section was not dispensed with. A draft notification issued on the same date i.e., on 21.02.2007, published in Telugu is also placed on record which shows that the respondent authorities have dispensed with the enquiry by quoting wrong provisions of law.
5. In the counter affidavit it is stated by the respondents herein that in view of the urgency involved in the issue, the enquiry under Section 5-A of the Act was dispensed with. Another infirmity which is pointed out by the learned counsel for the petitioner herein is that the draft notification was published in the West Godavari District Gazettee on 21.02.2007 and much prior to that i.e., on 13.02.2007, the District Collector issued approval under Section 6.
6. Right to property is a constitutional right as enshrined under Article 300-A of the Constitution of India, which in clear and unequivocal terms, mandates that no citizen should be deprived of his or her property except in accordance with the procedure established by law. The Land Acquisition Act, 1894, is an expropriatory legislation and the said legislation authorises and empowers the Government to acquire the private properties of the citizens without reference to the context of the individuals concerned. Therefore, the provisions of the said legislation are required to be followed and adhered to meticulously and scrupulously and any deviation from the said provisions would render the proceedings invalid. The authorities, exercising the powers under the said legislation, are required to exercise their powers strictly in accordance with the legislation, but not in a mechanical and routine manner. In the considered opinion of this Court, the above discrepancies pointed out by the learned counsel for the petitioner herein are fatal, which would vitiate the entire proceedings.
7. It is also submitted by the learned counsel for the petitioner herein that in the subject lands petitioner is growing paddy and sugarcane crops and to demonstrate the same a copy of the Adangal extract is produced.
8. This Court while ordering Rule Nisi on 29.03.2007 in WPMP.No.7816/2007 granted interim stay and is continuing till today.
9. For the aforesaid reasons, the writ petition is allowed and the draft notification dated 21.02.2007 and the draft declaration dated 22.02.2007 issued by the District Collector, West Godavari District, Eluru are hereby set aside. However, it is open for the respondent authorities to initiate proceedings in accordance with law for acquisition of the subject lands, if the same is required and if they are advised to do so. As a sequel, miscellaneous petitions, if any shall stand closed. No order as to costs.
A.V.SESHA SAI, J Date:17.04.2014 grk THE HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.6109 of 2007 Date : 17-04-2014 grk