IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY THE 1ST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 6759 of 2008 Between: Sri Ganapati Sachchidananda Avadhoota Datta Peetha Trust, Datta Nagar, Mysore, Rep. by Sri K.Narayana Rao S/o. Chalapathi Rao R/o. 404, Shivam Apartments, Ramarajunagar, Jeedimetla Village, Medchal, Ranga Reddy District. ..... PETITIONER AND 1 The Special Dy. Collector-cum-The Land Acquisition Officer, Unit-V, Outer Ring Road, Tarnaka, Hyderabad. 2 Project Director, Outer Ring Road & Special Collector (Land Acquisition), HUDA, Tarnaka, Hyderabad. .....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 Certiorari calling for the records relating to and in connection with the Notification issued under Section 4(1) of the Land Acquisition Act, 1897 as published in Gazette Proc. No.C/133/2005 dt. 21.4.2005 and also the declaration made under Section 6 of the Land Acquisition Act as published in Gazette Proc.No.D/ORR/133/2005 dt. 1.5.2006 and quash or set aside the same to the extent of land in Survey No. 328 and 329 of Dommarapochampally Village, Quthubullapur Mandal, Ranga Reddy District and to pass such other order or orders. Counsel for the Petitioner: MR.RAMA RAO GHANTA Counsel for the Respondent No.: Y.RAVINDRA (SC FOR HUDA,OUTER RING ROADA) The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION No. 6759 of 2008 ORAL ORDER: The petitioner-Sri Ganapati Sachchidananda Avadhoota Datta Peetha Trust, assails the draft declaration issued by the 2nd respondent under Section.6 of the Land Acquisition Act,1894 ( for short “the Act”) bearing reference No.ORR/73, published in the A.P. Gazette Extraordinary dated.01-05-2006 to the extent it proposes acquisition of lands in excess of the extents enumerated in the draft notification under Section.4(1) of the Act published as ORR No.96 in the A.P. Gazette Extraordinary dated.21-04-2005, only insofar as Sy.Nos.328 and 329 of Dummara Pochampalli, Quthbullapur Mandal, Ranga Reddy District, is concerned. While the notification under Section.4(1) of the Act specifies extents of Ac.2.25 guntas and Ac.0.14guntas respectively in respect of Sy.Nos.328 and 329, the draft declaration under Section.6 of the Act notifies extents of Ac.3.36 and Ac.2.32 guntas for Sy.Nos.328 and 329. There is thus excess acquisition of extents of Ac.1.11guntas and Ac.2.18 guntas in Sy.Nos.328 and 329 respectively. The legal position is fairly conceded by the learned Standing Counsel for the respondents on the basis of the judgment of this Court dated.06-07-2006 in W.P.Nos.13662 of 2006 wherein the principle was declared that a draft declaration under Section.6 of the Act may not enumerate extents in excess of those notified in the draft notification under Section.4(1) of the Act. Considering the circumstances of the case and in the light of the judgment referred to above, the draft declaration issued by the 2nd respondent in ORR No.73, dated.01-05-2006 insofar as the acquisition is in respect of Sy.Nos.328 and 329 of Dummara Pochampalli, Quthbullapur Mandal, Ranga Reddy District and to the extent in excess of the extents notified in the draft declaration dated.21-04-2005, is quashed. The writ petition is allowed as above at the stage of admission after hearing the learned counsel for the petitioner and the learned Standing Counselfor the respondents. No order as to costs. __________________ GODA RAGHURJAM,J 1st APRIL,2008 Note: Issue CC As soon as Possible (B/O) *TSNR