HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6253 of 2010 23rd March 2010 Between: Inkullu Eswara Rao and another … PETITIONER(S) and The Government of Andhra Pradesh, rep., by its Secretary, Irrigation Department, Secretariat, Hyderabad and others … RESPONDENT(S) THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 6253 OF 2010 ORDER: Heard Sri A.V. Sesha Sai, learned counsel for the petitioners, and the learned Government Pleader for Land Acquisition. After obtaining instructions, the learned Government Pleader would submit that the writ petition be disposed of at the stage of admission. The petitioners land was sought to be acquired to rehabilitate land oustees of the Thotapalli Barrage Project. A notification was issued under section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) on 30.6.2008 for a total extent of Acs.7-88 cents. The said notification was published in the gazette on 01.07.2008. The substance of the notification was published in the locality on 3rd August, 2008. The draft declaration under Section 6 of the Act was, however, issued only on 18.12.2009 and was published in the gazette only on 17.02.2010 much beyond one year from the date of notification under Section 4(1) of the Act. Under the proviso to Section 6 of the Act no declaration, in respect of any particular land covered by a notification under Section 4(1) of the Act, can be made after the expiry of one year from the date of publication of the notification. In as much as the draft declaration under Section 6 of the Act was published in the gazette only on 17.02.2010 i.e., more than one year from the last of the dates of publication of the Section 4(1) notification, the declaration under Section 6 of the Act could not have been issued and the land acquisition proceedings must be held to have lapsed. The notification under Section 4(1) and the draft declaration under Section 6 of the Act are, accordingly, set aside. The Writ Petition is allowed. However, in the circumstances, without costs. ____________ 23.03.2010 Cvrk/asp