Allowed

K.Eswaran v. The Government of Ap., Revenue Department, Rep.by its

Telangana HC1 Sept 2006WP/16944/2006

Case brief

AI extract

What is this about?

Petitioner challenged acquisition notification invoking urgency and dispensing with Section 5-A enquiry for house-sites. High Court declared decision irrational, directed notice for objections, prohibited dispossession pending enquiry outcome, and quashed the draft declaration.

What did the court decide?

Notice for objections directed; petitioner not to be dispossessed pending enquiry; draft declaration under Section 6 quashed.

K.Eswaran Vs The Government of Ap., Revenue Department… — Land Acquisition | Telangana HC (2006)

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HONOURABLE SRI JUSTICE GODA RAGHURAM

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WRIT PETITION No.16944 of 2006

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	01-09-2006
Between:
1. K.Eswaran
		Petitioner
	Vs.
1. The Government of A.P.	Hyderabad and another.
	..	Respondents
	*******

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ORAL ORDER:

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The petitioner’s lands are sought to be acquired by the issuance of a notification dated 04-08-2006 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Urgency clause was invoked under Section 17 (4) of the Act and the enquiry under Section 5-A of the Act was dispensed with mechanically and without due application of mind, is the complaint. Draft declaration under Section 6 of the Act dated 0608-2006 has been issued.

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2. The impugned notification states that the acquisition is for the purpose of allotment of house-sites for weaker sections. This requirement is not of such an emergent nature as would justify invocation of the urgency clause and dispensing with the enquiry under Section 5-A of the Act. The enquiry under Section 5-A of the Act is a salutary statutory provision intended for affording a reasonable opportunity to the owners of lands to object to the acquisition on any relevant grounds as they wish to submit.

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3. In the aforesaid circumstances, the decision in the impugned notification to invoke the urgency clause and dispensing with the enquiry under Section 5-A of the Act is declared irrational and unsustainable. The respondents are directed to issue notice to the petitioner for submission of objections if any to the proposal to acquire the lands. On the petitioner’s submitting their objections within the time stipulated in the notice, the same shall be considered and an appropriate decision taken duly communicating the decision to the petitioner simultaneously with

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the recommendations made after the enquiry under Section 5-A of the Act by the acquiring authority. The petitioner shall not be dispossessed pending communication of the decision to the petitioners consequent on the enquiry under Section 5-A of the Act. The draft declaration issued under Section 6 of the Act dated 06-08-2006 is quashed.

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The writ petition is disposed of as above at the stage of admission, after hearing the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. There shall however be no order as to costs.

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September 1,

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2006 KVR

K.Eswaran v. The Government of Ap., Revenue Department, Rep.by its

Case brief

What is this about?

What did the court decide?

K.Eswaran v. The Government of Ap., Revenue Department, Rep.by its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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