Allowed

P. Ganesh Kumar v. The District Collector/Land Acquisition Officer

Telangana HC15 Sept 2006WP/19041/2006

Case brief

AI extract

What is this about?

In this writ petition, the High Court held that invoking the urgency clause and dispensing with the Section 5-A enquiry was irrational. The Court quashed the draft declaration and directed issuing notices for objections before any disposal or possession. The petition was disposed of at the admission stage.

What did the court decide?

Draft declaration under Section 6 quashed. Direction to issue notice for objections and restrain dispossession pending Section 5-A enquiry.

P. Ganesh Kumar Vs The District Collector/Land… — Land Acquisition | Telangana HC (2006)

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THE HON’BLE SRI JUSTICE GODA RAGHURAM

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W.P.No.19041 OF 2006

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DATED: 15.09.2006

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Between: P.Ganesh Kumar S/o Krishna Murthy, R/o Ramballi village and Mandal, Visakhapatnam District and another.

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… Petitioners And: The District Collector/Land Acqusition Officer, Visakhaptnam and another.

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… Respondents

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The HON’BLE SRI JUSTICE GODA RAGHURAM

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W.P.NO.19041 OF 2006

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ORAL ORDER:

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The petitioners’ lands are sought to be acquired by the issuance of a notification dated 03.07.2006 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Urgency clause has been invoked under Section 17 of the Act and enquiry under Section 5-A of the Act has been dispensed with mechanically without due application of mind, is the complaint. The draft declaration under Section 6 has been issued on 21.07.2006.

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The impugned notification states that the acquisition is for the purpose of expansion of integrated special economic zone of AP.P.I.I.C.Limited. 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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In the aforesaid circumstances, the decision in the impugned notification to invoke the urgency clause and dispensing

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with the enquiry under Section 5-A of the Act is declared irrational and unsustainable. The respondents are directed to issue notice to the petitioners for submission of objections if any to the proposal to acquire the lands. On the petitioners’ 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 petitioners simultaneously with the recommendations made after the enquiry under Section 5-A of the Act by the acquiring authority. The petitioners shall not be dispossessed pending communication of the decision to the petitioners consequent on the enquiry under Section 5-A of the Act. The declaration, dated 21.07.2006, under Section 6 of the Act, 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 petitioners and the learned Government Pleader for Land Acquisition. There shall however be no order as to costs.

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__________ 15.09.2006

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P. Ganesh Kumar v. The District Collector/Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

P. Ganesh Kumar v. The District Collector/Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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