THE HON'BLE SRI JUSTICE A.V. SESHA SAI
WRIT PETITION No.2374 of 2009
Between:
Y. Mohan Rao PETITIONER AND
1. The District Collector, Srikakulam, Srikakulam District, and others.
RESPONDENTS ORDER:
This writ petition is filed seeking the following relief – “….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in acquiring Ac.20.11 cents of land in Sy.No.97, 99, 100, 101 including the land of the petitioner in Sy.No.99/12 to an extent of Ac.1.22 cents, situated at Neradi H/o Metturu Village, Kothuru Mandal, Srikakulam District by issuing Section 4(1) Notification under the Land Acquisition Act for the purpose of provising house sites under the rehabilitation programme of B.R.R. Vamshadara project Phase-II Stage-II and issuing proceedings under Section 5-A Notice of the Act and further issuing Section 6 Declaration without considering the objections raised by the petitioner and similarly situated candidates in respect of availability of alternative lands and also not considering the fact that the petitioner is a small farmer is illegal, unjust, arbitrary, un-constitutional and violative of Articles 14, 21 and 300 (A) of the Constitution of India apart from contrary to the procedure contemplated under the Land Acquisition Act and consequently set aside the Section 4(1) Notification issued by the 1st respondent vide proceedings No.2069/08G5, dated 16.08.2008 and the consequential Section 6 Declaration dated 16.12.2008 and the subsequent proceedings thereon…”
2. When the writ petition is taken up for hearing, it is represented by the learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition that the subject matter in the present writ petition is squarely covered by the orders of this Court dated 20.06.2014 in W.P.Nos.13743 and 13800 of 2008 and the said writ petitions were allowed by this Court by virtue of the said order.
3. Following the above referred orders of this Court and for the reasons recorded therein, this writ petition is also allowed setting aside the draft notification dated 16.08.2008 and draft declaration dated 16.12.2008 issued by the 1st respondent under the provisions of the Land Acquisition Act, 1894. A copy of the order dated 20.06.2014 passed in W.P.Nos.13743 and 13800 of 2008 shall be annexed to this writ petition. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
27th June, 2014 Js.