petition challenging a land acquisition notification on grounds of delay in issuing the mandatory declaration was allowed after the court found the declaration was not issued within the statutory one-year period, leading to lapse of the notification.
Quashing of the notification issued under Section 4(1) of the Land Acquisition Act, 1894.
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HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.13560 of 2004
ORDER:
In this Writ Petition, the relief sought for is to set aside the notification, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), among others, on the ground that the declaration under Section 6 of the Act was not issued even though more than one year had elapsed after publication of the notification under Section 4(1) of the Act.
In the counter affidavit, filed by the Revenue Divisional Officer-cum-Land Acquisition Officer, Tenali, Guntur District (second respondent), it is stated that due to involvement of election schedule, the draft declaration under Section 6 of the Act could not be finalized for a period of one year from the date of publication of the draft notification and, as a result, the draft notification had lapsed on administrative grounds.
In view of the averments in the counter affidavit, and as the declaration as stipulated under Section 6 of the Act was not issued within one year from the date of publication of the notification under Section 4(1) of the Act, the said notification issued under Section 4(1) of the Act is quashed.
The Writ Petition is, accordingly, allowed. However, in the circumstances, without costs.
RAMESH RANGANATHAN,J
Date:08.03.2011 usd
1 issue framed by the court
Whether the notification under Section 4(1) of the Land Acquisition Act, 1894 can be quashed as the declaration under Section 6 was not issued within one year of its publication.
2 provisions across 1 enactments
Petitioner
Revenue Divisional Officer-cum-Land Acquisition Officer, Tenali, Guntur District
Ramesh Ranganathan
As recorded by the court registry
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