THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4264 of 2002 Dated:13.02.2008 Between: P.Seenaiah, and others. …Petitioners and The Special Collector, Telugu Ganga Project, Nellore, and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4264 of 2002 ORDER: The petitioners, who are 32 in number, are residents of Paremkonda, Hamlet of Dasuri Village of Kaluwai Mandal in Nellore District. They are statedly owners of dwelling houses admeasuring Ac.1.40 cents in Arundhathiwada of the Village. The first respondent issued a notification under Section 4(1) of the Land Acquisition Act, 1894 (the Act, for brevity), on 14.12.1999. The same was published in the District Gazette. The declaration under Section 6 of the Act was also published on 20.03.2000. The land was sought to be acquired for the purpose of submergence of foreshore submersion of Kandaleru Reservoir under Telugu Ganga Project. The petitioners allege that though the basic formalities under Sections 4 and 6 of the Act were complied with, further steps were not initiated, and Award was not passed. Therefore, they seek a direction to the respondents to pass Award. A counter affidavit is filed by the second respondent admitting the issue of notifications under the Act. It is, however, stated that after publishing the notifications, the Engineering Department was addressed to furnish the estimates of structures. In response thereto, the Executive Engineer sent a letter dated 14.03.2002 informing that there is no proposal to impound water in Kandaleru Dam up to a level of +85.00 metres contour in the next one or two years, and therefore, the Villages situated at +85.00 metres contour are not going to be submerged in the immediate future. Arundhathiwada of Paremkonda Village situated at +85.00 metres contour is not in the priority list of the Villages, and therefore, the Special Collector, Telugu Ganga Project, was addressed to initiate proposals for withdrawal of the notification under Section 48(1) of the Act. The petitioners have not filed any reply affidavit after receiving the counter affidavit. Even otherwise, admittedly, the declaration under Section 6 of the Act was published on 20.03.2000. As required under Section 11-A of the Act an Award has to be compulsorily passed within a period of two years from the date of publication of the declaration, and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse. Even if the Government or competent authority does not issue a notification under Section 48 of the Act to withdraw the acquisition, by reason of Section 11-A of the Act, the proceedings of acquisition of land lapsed, and if any direction is given to acquire, it would be contrary to the provisions of Section 11-A of the Act. Such a direction cannot be issued in a Writ Petition. The Writ Petition is devoid of any merits, and the same is accordingly dismissed. No costs. ____________ (V.V.S.RAO, J) 13.02.2008 vs