IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16002 of 2008 Between: A.S.V.R.N.Chalapathi Rao S/o. A.Veerraju R/o.Gadarada village Korukonda Mandal East Godavari District ..... PETITIONER AND 1 Land Acquisition Officer and Revenue Divisional Officer, Rajahmundry, East Godavari District 2 The District Collector,East Godavari District at Kakinada .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents to acquire lands of an extent of Ac.3.00 in Sy.No.371/1 of Gadarada village, Korukonda Mandal, East Godavari District for providing house sites to weaker sections under the Indiramma housing Scheme as illegal, arbitrary, null and void and contrary to the provisions of the Land Acquisition Act 1894 and for a consequential direction to the respondents not to proceed further in respect of the lands of an extent of Ac.3.00 in Sy.No.371/1 of Gadarada village, Korukonda Mandal, East Godavari District. Counsel for the Petitioner : MR. M.V.SURESH Counsel for the Respondents : GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.16002 OF 2008 ORDER : The land belonging to the petitioner to an extent of 3 acres situated in Sy.No.371/1 of Gadarada Village, Korukonda Mandal, East Godavari District is acquired under the provisions of the Land Acquisition Act, 1894 (for short, ‘the Act’) for public purpose namely providing house sites to weaker sections under the Indiramma Housing Scheme. The notification under Section 4(1) of the Act was published on 23.5.2007 under which an enquiry under Section 5-A of the Act was proposed to be conducted. Pursuant thereto, though the petitioners submitted his objections to the acquisition, by proceedings of the 1st respondent, dated 19.12.2007 he was informed that the objections were rejected. Subsequently, the petitioner was also served with a notice dated 22.1.2008 under Sections 9 (3) and 10 of the Act calling upon the petitioner to participate in the award enquiry. The petitioner did not attend the award enquiry but filed this writ petition on 23.7.2008 seeking a declaration that the action of the respondents in acquiring the land in question is arbitrary and illegal. It is primarily contended by the petitioner that the respondents failed to make any declaration under Section 6 of the Act and therefore all further proceedings are illegal and liable to be set aside. It is further contended that the objections raised by the petitioner in the 5-A enquiry were mechanically rejected without application of mind and on that ground also the further proceedings taken by the respondents are liable to be declared as arbitrary and illegal. However, the learned Government Pleader for Land Acquisition, under instructions, stated that after rejecting the objections raised by the petitioner vide proceedings dated 9.12.2007 a declaration under Section 6 of the Act was published in the Gazette on 11.1.2008 and the same was also published in the local dailies on 17.1.2008 and 19.1.2008. Thereafter, following due process of law, award enquiry was also concluded. Having regard to the above circumstances and since admittedly the petitioner failed to challenge either the order dated 19.12.2007 or even the award proceedings initiated in the month of January, 2008, I am of the opinion that it is not open to the petitioner to seek a declaration at this point of time that the acquisition itself is bad and illegal. Even the allegation of the petitioner that there was no declaration under Section 6 of the Act is found to be incorrect. Hence, interference by this Court is unwarranted. Accordingly, the Writ Petition is dismissed. No costs. ______________ G. ROHINI, J. Dt. 24.07.2008 gbs