THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14987 of 2008 ORAL ORDER: The land situated in S.No.907 to an extent of Ac.7.21 cents of Thothagondi village, Polavaram Mandal, West Godavari District was acquired for a public purpose viz., for formation of Bunds I & II of Indira Sagar Project (Polavaram) vide notification dated 18.05.2007 published under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"). The petitioner herein claims to have purchased the said land from the 5th respondent herein under a registered sale deed and in the notification published under Section 4(1) of the Act, the name of the petitioner was shown in the column meant for the name of land owner/occupier. The material placed before this Court shows that a notice for enquiry under Section 5-A of the Act was also issued to the petitioner fixing the date of enquiry on 17.01.2008. However, the petitioner states that though he submitted his objections by way of telegraphic representations dated 18.4.2008 and 24.4.2008, no further steps were taken by the respondents. Hence, this writ petition seeking a declaration that the notification dated 25.5.2007 without affording proper opportunity to the petitioner is arbitrary and illegal. The learned Government Pleader for Land Acquisition under instructions stated that pursuant to the notification dated 25.5.2007, declaration under Section 6 of the Act was made and, thereafter, Award was also passed by the Land Acquisition Officer on 26.03.2008 fixing the compensation payable to the land owners. It is not disputed by the petitioner that the possession of the land in question which was required for the purpose of Indira Sagar Project was already taken. In the circumstances, the principle of laches is attracted and it is not open to the petitioner to challenge the notification issued under Section 4(1) of the Act at this point of time on the ground of want of proper enquiry. Hence, the relief as prayed for cannot be granted. Accordingly, the writ petition is dismissed. However, in case the petitioner is aggrieved by the quantum of compensation awarded or the apportionment thereof, it is open to him to work out appropriate remedy as available under law. No costs. 21.07.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.14987 of 2008 Between: Rakurthi Chakradhar Rao, S/o. Late P. Potha Raju, R/o. Plot No. 3, Doctor's Colony, Peda Waltair, Visakhapatnam - 530 017. ..... PETITIONER AND 1 The District Collector, West Godavari District, at Eluru 2 The Land Acquisition Officer- cum-Revenue Divisional Officer, Jagareddy Gudem Division, West Godavari District. 3 The Tahsildar, Polavaram Mandal, At Polavaram, West Godavari District. 4 The Revenue Divisional, Polavaram Mandal, at Polavaram, West Godavari District. 5 Smt. Adapa Dhanalakshmi, W/o. Late Adapa Satyanarayana Murthy, Thothagondi Village, Hamlet of Polavaram, Polavaram Mandal, West Godavari District. .....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 of certiorari or any other appropriate writ or writs, order or orders calling for the records of Rc. 20/B/2008 on the file of the respondent No. 2 initiated pursuant to the notification dated 25-5-2007 issued under section 4 (1) of the Land Acquisition Act, 1894 by the respondent No. 1 and consequently direct them to conduct enquiry with participation of petitioner and pass Counsel for the Petitioner: Mr. RESU MAHENDER REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: