Appeal against Single Judge order dismissing a writ petition for declaring lapsed land acquisition proceedings illegal. Court held proceedings lapsed by efflux of time and dismissed the appeal as misconceived.
Writ appeal dismissed with no costs.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE SEVENTH DAY OF NOVEMBER, TWO THOUSAND AND TWELVE
PRESENT: THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND
THE HON’BLE JUSTICE SRI VILAS V. AFZULPURKAR
WRIT APPEAL No.905 of 2012
Between:
Priyadarshini Dalita Samkshema Sangham, Vijayawada, Krishna District & others.
… Appellants
And
The Govt., of A.P., rep., by its Principal Secretary, Revenue Department, Hyderabad & others.
… Respondents
This Court made the following:
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE
AND
THE HON’BLE JUSTICE SRI VILAS V. AFZULPURKAR
WRIT APPEAL No.905 of 2011
JUDGMENT: (Per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This appeal is directed against the order, dated 08.08.2011, passed by the learned Single Judge in W.P.No.12427 of 2007, which was filed by the appellants/writ petitioners seeking a writ of Mandamus to declare the action of the respondents in not finalizing the acquisition proceedings in respect of the land admeasuring Ac.8.71 cents covered by Sy.No.86 of Ramavarappadu Village, Vijayawada Rural Mandal, Krishna District, as illegal and arbitrary.
It appears that on the representation made by the 1st appellant/writ petitioner, a society registered under the Societies Registration Act, 1860, land acquisition proceedings were initiated and notification and declaration under Sections 4(1) and 6 of the Land Acquisition Act, 1894 were issued. But, however, as the respondents could not finalize the acquisition proceedings and no award was passed within the prescribed statutory period, which is mentioned under the Land Acquisition Act, 1894, the acquisition proceedings were lapsed. In these circumstances, the learned Single Judge held
that the award since not passed within the statutory period and further the amount deposited by the petitioners has already been refunded, no relief can be granted, and refused the prayer made in the Writ Petition. Being aggrieved by the said order, the appellants/writ petitioners filed this appeal.
The learned counsel appearing for the appellants tried to impress upon us with regard to the rights of the Housing Society and submitted that even for the society registered under the Societies Registration Act, the land acquisition proceedings can be stated to be for a public purpose. However, we do not wish to go into that question at all, since in our opinion it is not necessary, at this stage.
Since the land acquisition proceedings, which were initiated in the matter, were lapsed by efflux of time, as the respondents have failed to comply with the provisions of law relating to the acquisition proceedings in question, we do not find that there is any reason to interfere with the order passed by the Hon’ble Single Judge.
In our opinion, this appeal is nothing but misconceived and the same is accordingly dismissed. No costs.
______________________________ PINAKI CHANDRA GHOSE, ACJ
__________________________ VILAS V. AFZULPURKAR, J
Date: 07.11.2012 ES
3 issues framed by the court
Whether the High Court should interfere with the Single Judge order refusing relief due to lapse of land acquisition proceedings by efflux of time.
Whether a housing society can claim land acquisition proceedings are for a public purpose.
Whether the acquisition proceedings lapsed because the award was not passed within the prescribed statutory period under the Land Acquisition Act, 1894.
1 provisions across 1 enactments
Priyadarshini Dalita Samkshema Sangham & others
The Govt., of A.P.
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
