IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND NINE PRESENT THE HON'BLE MRS. JUSTICE T.MEENA KUMARI and THE HON'BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO.1524 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 29-1-2007 in WP No.18818 of 1994 on the file of the High Court.) Between: Sri M.Prasada Rao and four others. ..... Appellants And The District Collector, Krishna (L.A), Machilipatnam, Krishna District and another. .....Respondents. Counsel for the Appellants: Sri K.K.Waghray. Counsel for the Respondents: G.P. for Land Acquisition. The Court made the following : JUDGMENT: (Per C.V.Nagarjuna Reddy,J) This Writ Appeal is filed against order dated 29-1-2007 in Writ Petition No.18818 of 1994, whereby the learned single Judge dismissed the Writ the Petition filed questioning the initiation of land acquisition proceedings in respect of the land belonging to the appellants. In the view we have been taking, it is not necessary to record the facts in detail. It will suffice to note that on the own showing of the learned Government Pleader for Land Acquisition the land acquisition proceedings have lapsed due to the following reasons. Declaration under Section 6 of the Land Acquisition Act, 1894 (for short “the Act”) was published on 22-8-1994 and the Writ Petition filed questioning initiation of land acquisition proceedings was dismissed on 29-1-2007. In view of Section 11-A of the Act - which mandates that an award shall be passed within two years from the date of publication of the declaration under Section 6 of the Act and if no award is made within that period the entire proceedings for acquisition of land shall lapse - the land acquisition proceedings initiated in the instant case have got lapsed as, admittedly, award could not be passed within the period of two years from the date of publication of declaration under Section 6 of the Act. One other reason for invalidating the acquisition proceedings is that, while the grievance of the appellants is that no enquiry under Section 5-A of the Act was held, the learned Government Pleader for Land Acquisition placed before us communication dated 28-1-2009 issued by the Revenue Divisional Officer, Bandar, wherein it is stated that no orders were passed under Section 5-A(2) of the Act on the objections filed by the land owners. The law is well settled that unless the objections filed under Section 5-A of the Act are disposed of and appropriate orders passed, declaration under Section 6 of the Act cannot be issued. On both these grounds, the land acquisition proceedings are liable to be quashed. The Writ Appeal is, accordingly, allowed. This order, however, does not preclude the respondents from initiating acquisition proceedings afresh in accordance with the provisions of the Act. As a sequel to disposal of the Writ Appeal, WAMP No.2981 of 2008 is dismissed as infructuous. ______________________ T. MEENA KUMARI, J. ___________________________ C.V.NAGARJUNA REDDY, J. Dt.28–01-2009. MNR