Allowed

Teegala Lakshmi Nalini, v. The District Collector

Telangana HC1 Mar 2007WP/4062/2007

Case brief

AI extract

What is this about?

This order quashed a draft land acquisition notification issued under the urgency clause which dispensed with the Section 5-A enquiry. The court held that allotment of house-sites did not warrant urgency and ordered notice to be issued to landowners for objections.

What did the court decide?

Draft declaration issued under Section 6 was quashed; notice issued to petitioners for submission of objections; petitioners not to be dispossessed pending decision.

Teegala Lakshmi Nalini, Vs The District Collector — Land Acquisition | Telangana HC (2007)

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THE HON’BLE SRI JUSTICE GODA RAGHURAM

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W.P.No. 4062 of 2007

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01-03-2007

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Between:-

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Teegala Lakshmi Nalini and another.

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Petitioners And

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The District Collector, West Godavari at Eluru and two others.

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Respondents

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THE HON’BLE SRI JUSTICE GODA RAGHURAM

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W.P.No. 4062 of 2007

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Oral order:

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The petitioners’ lands are sought to be acquired by the issuance of a draft notification dated 07.02.2007 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 13.02.2007 has been issued.

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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

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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 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 draft declaration issued under Section 6 of the Act dated 13.02.2007 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

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Acquisition. There shall however be no order as to costs.

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____________________ GODA RAGHURAM, J

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Dated:01-03-2007 Pvks/*

Teegala Lakshmi Nalini, v. The District Collector

Case brief

What is this about?

What did the court decide?

Teegala Lakshmi Nalini, v. The District Collector

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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Case details

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