WP/26071/2005 of Indo-American Super Specialities Limited Vs The Government of Andhra Pradesh on 30 December 2005

O R D E R :

1. This writ petition has been filed by the petitioners questioning 4(1) notificationissued under Section 4(1) of the Land Acquisition Act, dated 2-12-2005.

2. 1[st] petitioner is the company and 2[nd] petitioner is Director of 1[st] petitioner company. They claimed that they are the owners of 6261.06 square yards of land.The said land is sought to be acquired by the Government for the construction ofcitizen service center. A notification under Section 4(1) of the Land Acquisition Act(herein after referred to as ‘the Act’ for brevity) came to be issued dispensing 5-Aenquiry by invoking urgency clause.

3. The contention of the petitioners is that there are some other lands availablenearby and therefore, the lands owned by them is not required for the said purpose.Various other contentions have been raised which are not required to be dealt within view of the orders proposed to be passed.

4. Counters and additional counter affidavits have been filed by the respondents andthe petitioners also filed reply affidavit.

5. Learned Advocate General submits that Land Acquisition Officer has beenadvised to conduct 5-A enquiry under the Act.

6. Such is the situation, the petitioners are at liberty to put in their objections withregard to acquisition of their land.

7. Accordingly, the writ petition is disposed of giving liberty to the petitioners tosubmit their objections for the proposed acquisition of the land within thirty days fromtoday and further proceedings shall be conducted by the Land Acquisition Officer inaccordance with provisions of the Act as expeditiously as possible. No order as tocosts.

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Justice B.Seshasayana Reddy

30[th] December, 2005

THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY

30thDecember, 2005.