R SATTAIAH Vs. GOVERNMENT OF ANDHRA PRADESH
LAWS(APH)-2011-12-102
HIGH COURT OF ANDHRA PRADESH
Decided on December 01,2011

R.SATTAIAH Appellant
VERSUS
GOVERNMENT OF A.P., REP. BY ITS PRINCIPAL SECRETARY TO GOVT., REVENUE DEPT AND LAND ACQUISITION, A.P., SECRETARIAT Respondents


Referred Judgements :-

SYED HUSSAIN AND OTHERS VS. THE JOINT SECRETARY,PWD (R&B),GOVERNMENT OF A.P.,HYDERABAD AND OTHERS [REFERRED TO]
STATE OF MYSORE VS. V K KANGAN:NARASIMHA RAM NAIK [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD VS. DARIUS SHAPUR CHENNAI [REFERRED TO]
RADHEY SHYAM VS. STATE OF U P [REFERRED TO]
SINNAIYAN AND ORS. VS. THE UNION TERRITORY OF PONDICHERRY, REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT, REVENUE AND DEVELOPMENT DEPARTMENT AND ANR. [REFERRED TO]


JUDGEMENT

- (1.)The question raised by the petitioners in this Writ Petition is, whether the procedure followed by respondent Nos.2 and 3 while disposing of the objections filed by the petitioners under Section 5-A of the Land Acquisition Act, 1894 (for short "the Act") conforms to the requirements of law.
(2.)The petitioners are owners of properties bearing Nos.6-3-803/12/3, 6-3-803/1/12/1/A and 6-3-803/1/12/2 situated at Ameerpet, Hyderabad. The said properties were notified for acquisition for the purpose of widening of the road for metro rail corridor from Greenland junction to Ameerpet junction. In response to form-III notice issued under Section 5-A of the Act, the petitioners submitted their objections on 11-07-2011. The petitioners specifically averred in their affidavit that when they filed the objections before respondent No.3 on 11-07-2011, they were informed by the said respondent that the date of personal hearing will be intimated to them after receiving remarks from the requisitioning Department. The grievance of the petitioners is that neither they were given notices of personal hearing nor the order passed on their objections was communicated to them and without giving any opportunity, as envisaged under Section 5-A of the Act, respondent No.2 has rejected their objections following which a declaration under Section 6 of the Act has been made. The petitioners have, therefore, assailed these proceedings.
(3.)A counter-affidavit is filed by respondent No.3 wherein it is inter alia stated that form-III notice itself has fixed "15-07-2011" as the date on which enquiry was to be conducted and that the petitioners have submitted their objections on 11-07-2011, but have not availed the opportunity of personal hearing on 15-07-2011. It is further stated that declaration under Section 6 of the Act was approved by respondent No.2 on 24-09-2011 and the substance of draft declaration was published in all the modes as prescribed under the Act.


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