The High Court dismissed a writ petition challenging a notification under Section 6 of the Land Acquisition Act, 1894. The Government Pleader submitted that the petitioners' land had been dropped from acquisition, thereby extinguishing the cause of action.
The writ petition was disposed of with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12101 of 2006
Dated:24.02.2011
Between: Mummareddy Vasumathamma, And another.
...Petitioners
And The District Collector, Nellore, And others.
...Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12101 of 2006
ORDER:
The petitioners filed the instant writ petition challenging the declaration dated 27.05.2006 issued under Section 6 of the Land Acquisition Act, 1894, proposing to acquire the land admeasuring Ac.0.98 cents in survey No.210-4B, and Ac.0.24 cents in survey No.210-7 belonging to the petitioners for the purpose of providing house sites to weaker sections.
At the time of hearing, on instructions, the Government Pleader for Revenue (Land Acquisition) submits that the land of the petitioners is dropped from the acquisition and an award was already passed acquiring the land admeasuring Ac.1.50 cents in survey No.165/3A belonging to Smt.K.Vajravathamma. In that view of the matter, the cause of action of the petitioners does not survive.
The Writ Petition is accordingly disposed of. There shall be no order as to costs.
(V.V.S.RAO, J)
24.02.2011 vs
3 issues framed by the court
Whether the writ petition challenging the declaration under Section 6 of the Land Acquisition Act, 1894 remains maintainable when the land is dropped from acquisition.
If the cause of action ceases to exist due to withdrawal of the acquisition proposal, what is the appropriate judicial remedy.
How to proceed when the Government pleads that the subject land was already dropped and an award passed for adjacent land.
1 provisions across 1 enactments
Mummareddy Vasumathamma
The District Collector, Nellore
V.V.S.Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
