Anil R. Dave, J. - (1.) Being aggrieved by the judgment and Order dated 23rd July, 2001 in Writ Appeal No. 1337 of 1999 and Review W.A.M.P. No. 1822 of 2002 in Writ Appeal No. 1337 of 1999 dated 01st October, 2004 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad, these appeals have been filed by the original Petitioners-Respondents herein, whose lands have been acquired by the State for a public purpose.
(2.) the facts giving rise to the present litigation in a nutshell are as under : A notification under Section 4 of the Land Acquisition Act, 1894 (in short the Act) was issued on 27th August, 1993 for acquisition of land admeasuring 101 acres and 33 cents in and around Eluru town for a public purpose for setting up an Auto Nagar so as to develop the said land for industrial purpose. On 20th September, 1993 and 21st September, 1993, the said notification was published in two daily newspapers whereas on 29th September, 1993 the substance of the said notification was published in the locality where the land was situated. Looking into the urgency, under the provisions of Section 17 of the Act, an inquiry under Section 5A of the Act was dispensed with. thereafter notification with regard to the declaration under 6 of the Act was published on 8th October, 1993. A Writ Petition No.Section 5036 of 1994 was filed on 18th September, 1995 challenging the validity of the proceedings on the ground that the provision of Section 17 of the Act could not have been invoked for dispensing with the enquiry under Section 5A of the Act and in the said petition, the High Court of Andhra Pradesh had passed an interim order whereby the authorities were restrained from taking possession of the land in question. Ultimately the said petition was finally disposed of on 18th September, 1995 whereby the declaration under Section 6 had been quashed and it was directed to hold an enquiry under Section 5A of the Act. In pursuance to the above order passed by the High Court, necessary enquiry under Section 5A of the Act was made, objections were invited and ultimately it was decided to acquire only 54 acres and 54 cents land out of the land in question admeasuring 101 acres and 33 cents. Declaration under Section 6 of the Act was thereafter published on 7th August, 1996. After making declaration under Section 6 of the Act, Award was made on 7th January, 1998 and possession of the land in question was taken on 9th March, 1998. After possession of land in question was taken by the Land Acquisition Officer from the owners of the land, on 16th July, 1998, the Land Acquisition Officer handed over possession of the land in question to the present Appellant-Corporation for a public purpose, for which the land in question had been acquired. It is pertinent to note that after declaration under Section 6 of the Act made on 7th August, 1996 and after taking possession of the land in question on 9th March, 1998, writ petition No. 32806 of 1998 was filed in the High Court of Andhra Pradesh challenging the validity of declaration under Section 6 of the Act on the ground that the declaration was not made within the period prescribed under Section 6 of the Act. By an order dated 27th August, 1999, the learned Single Judge dismissed the aforesaid writ petition after recording the fact that award was made on 7th January, 1998 and possession of the land in question had been handed over to the present Appellant on 9th March, 1998. Moreover, the learned Single Judge also held that the declaration under Section 6 was made within the period stipulated under Section 6 of the Act. Being aggrieved by the dismissal of the petition, the land owners-the present Respondents filed Writ Appeal No. 1337 of 1999. the said Writ Appeal was allowed by an order dated 23rd July, 2001 whereby the order passed by the learned Single Judge dated 27th August, 1999 was quashed and set aside as it was held by the Division Bench of the High Court that the declaration under Section 6 of the Act was made beyond the period prescribed under Section 6 of the Act. Being aggrieved by the said judgment and Order, A.P. Industrial Infrastructure Corporation- the present Appellant filed a Review petition being Review WAMP No. 1822 of 2002 in Writ Appeal No. 1337 of 1999 on 29th August, 2001 which was also dismissed by the Division Bench of the High Court by the impugned judgment and order on 01st October, 2004.
(3.) Being aggrieved by the above judgment and orders passed by the Division Bench of the High Court these appeals have been filed by the A.P. Industrial Infrastructure Corporation Ltd., which is an undertaking owned by the Government of Andhra Pradesh for whose benefit the land in question had been acquired.;