P NARAYANA RAO S O NARASIMHA RAO Vs. SPECIAL DEPUTY COLLECTOR LAND ACQUISITION GENERAL HYDERGUDA

JUDGEMENT

(1.) This batch of writ petitions arise out of the Land Acquisition Act I of 1894 (hereinafter called the Act,) question the Notification issued by the authorities under section 4 (1) of the said Act on 11th February, 1980 publisked in the Gazette on 28th February, 1980. In all the writ petitions the same notification is questioned, The following grounds are urged by the petitioner. 1. The substance of the Notification issued under section 4 (1) of the Act was not published in the locality or at any office simultaneously as laid down by the Full Bench of this Court in Yadaiah v. Government of Andhra Pradesh, 2. The acquisition is for the Co-operative Building Society and Part 7 of the Act is not complied with and the acquisition is void. 3. Sri Mohd. Mukarramuddin raised a more formidable question viz., after the Land Acquisition (Andhra Pradesh Amendment and Validation) Act IX of 1983 (hereinafter called Amending Act) a declaration under section 6 of the Act cannot be made dispensing with the enquiry under section 5-A as contemplated under section 17 (4) of the Act simultaneously with the publication of the Notification under section 4(1) but it must be made after causing public notice as contemplated under section 4 (1) of the Act.

(2.) It is not in dispute that the Amending Act IX of 1983 was published on 29th June, 1983, and as per section i (3) it Shall be deemed to have come into force on 12th September, 1975 and hence we have to test the validity of these proceedings as per the provisions of this Amending Act.

(3.) The Full Bench of this Court in Yadaiah v. Government of Andhra Pradesh, held that the local publication of the Notification should be simultaneous with the 4(1) Gazette Notification and any failure to make simultaneous local publication is fatal to the proceedings and hence the present Amending Act was passed for validating such notifications. It may be necessary to notice the statement of objects and reasons of the Amending Act which is in the following terms :