Telangana High Court
WP/26633/2006 of V.Jayarama Rao Vs The Government of Andhra Pradesh, rep.by its Principal on 22 December 2006
SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 26633 of 2006 DATED: 22-12-2006 Between: V.Jayarama Rao …Petitioner and The Government of Andhra Pradesh, represented by its Principal Secretary, Revenue (Land Acquisition), Hyderabad and others …Respondents. THE HON’BLE SRI
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THE HONOURABLE SRI JUSTICE GODA RAGHURAM
WRIT PETITION No. 26633 of 2006DATED: 22-12-2006
Between:
V.Jayarama Rao
…Petitioner
and
The Government of Andhra Pradesh, represented by itsPrincipal Secretary,Revenue (Land Acquisition),Hyderabad and others …Respondents.
THE HON’BLE SRI JUSTICE GODA RAGHURAMW.P.No. 26633 of 2006
Oral order:
This writ petition is directed against the action of the respondentsin seeking to acquire petitioner’s land (for expansion of the specialeconomic zone by the APIIC) by issuance of a notification underSection 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’)notified on 6-7-2006 in respect of which a declaration under Section 6of the Act is issued on 15-11-2006. Urgency clause has not beeninvoked and enquiry under Section 5-A of the Act has not beendispensed with. The respondents have however not issued a notice tothe petitioner (the person interested) asking him to lodge his objectionsfor an enquiry under Section 5-A of the Act.
In the circumstances, the declaration dated 15-11-2006 issuedunder Section 6 of the Act is quashed. It is open to the respondents toissue a notice calling the petitioner to lodge his objections underSection 5-A of the Act. On such objections being lodged, the sameshall be considered by the competent authority and the decisionthereon shall be communicated to the petitioner under registered postwith acknowledgment due. Till such communication, the petitionershall not be dispossessed and no further action under the Act shall betaken.
The writ petition is accordingly disposed of. There shall be noorder as to costs.
___________________
GODA RAGHURAM, J.
22[nd] December, 2006.GRRGRR