HON’BLE MS JUSTICE G. ROHINI WRIT PETITION No.18500 of 2010 Date: August 10, 2010 Between: 1. Dwarampudi Krishna Reddy and another. …Petitioner And 1. The State of A.P., rep. by its District Collector, East Godavari at Kakinada and 2 others. …Respondents * * * HON’BLE MS JUSTICE G. ROHINI WRIT PETITION No.18500 of 2010 ORDER: This writ petition is filed seeking a declaration that the Notification dated 10.10.2006 issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short, the Act) for acquisition of the land to an extent of Ac.2-10 cents in Sy.No.187/2, Ac.0-64 cents in Sy.No.187/3 and Ac.0-82 cents in Sy.No.212/1 of the first petitioner and an extent of Ac.0-62 cents in Sy.No.212/3 and Ac.0-32 cents in Sy.No.212/4 of the second petitioner situated at Polamuru village, Anaparthi Mandal, East Godavari District, is arbitrary and illegal. I have heard the learned counsel appearing for the petitioners as well as the learned Government Pleader appearing for the respondents. It is contended by the petitioners that as the declaration under Section 6 of the Act has not been made within the prescribed period of one year under Section 6 (1) of the Act, the entire proceedings are vitiated and are liable to be set aside on that ground alone. The material available on record shows that the Notification under Section 4 (1) of the Act was published on 10-10-2006. After conducting inquiry under Section 5 A of the Act, the declaration under Section 6 of the Act was published on 28.11.2006. Aggrieved by the same, the petitioners filed W.P. No.25381 of 2006 and the same was disposed of by this Court by order dated 28th July 2008 thereby setting aside the declaration under Section 6 of the Act and leaving it open to the authorities to pass appropriate orders afresh following due process of law. Subsequently, though fresh inquiry was held on 22.9.2008, it is alleged by the petitioners that no declaration had been made under Section 6 of the Act. The matter was adjourned on 30th July 2010 to enable the learned Government Pleader for Land Acquisition appearing for the respondents to get instructions. The learned Government Pleader on instructions states that it is a fact that so far no declaration has been made under Section 6 of the Act. As per the second proviso to Section 6 (1) of the Act no declaration in respect of any land covered by a notification under Section 4 (1) of the Act shall be made after expiry of one year after the date of publication of the notification. In the instant case, admittedly, the declaration under Section 6 of the Act has not been made within one year from the date of 4 (1) notification i.e., 10.10.2006. Even from the date of disposal of the earlier writ petition i.e., 28.7.2008, the period of one year expired long back. In the facts and circumstances of the case, the impugned notification is hereby set aside and the writ petition is allowed as prayed for. No costs. ______________ G. ROHINI, J Date: August 10, 2010. BSB