IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1410 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/07/2008 in WP NO : 15697 OF 2008 on the file of the High Court.) Between: S.R Constructions Tanuku Rep.by its Managing Partner Katuri Lakshmana Rao S/o.K.V.R.K.Prasad Chowdary R/o. Tanuku, West Godavari District ..... APPELLANT AND 1 Government of A.P., Revenue(Land Acquisition ) Department rep.by its Principal Secretary, Secretariat Buildings Hyderabad 2 The Collector West Godavari District, Eluru 3 Land Acquisition Officer- cum-Revenue Divisional Officer Kovvur West Godavari District. 4 The Tahsildar Tanuku Mandal, Tanuku, W.G. District .....RESPONDENTS Counsel for the Appellant: SRI.T.V.S.PRABHAKARA RAO Counsel for the Respondents No.: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1410 of 2008 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by order, dated 23.07.2008 in W.P No.15697 of 2008. The appellant herein filed the above writ petition seeking to declare the action of respondent No.2 in issuing notification Ref.No.G4/3729/2008 (Gel) dated 6.6.2008 under Section 4(1) of the Land Acquisition Act to acquire its property in an extent of Ac.0.65 sq. yards with Door No.22-19-8 of R.P. Road Tanuku, West Godavari District and the declaration under Section 6 of the Act, as illegal and arbitrary and to set aside the same and consequently, to direct the respondents to drop all further proceedings including its dispossession from the said lands, on the ground that it is a partnership firm carrying on business in developing lands and construction of buildings and it is the owner and possessor of the land admeasuring 897 sq. yards in R.S.No.18 of Tanuku, West Godavari District, having acquired the same under registered documents dated 20.11.2004 and 18.11.2004 and while so, a notification dated 6.6.2008 was published acquiring 65 sq. yards out of the land belonging to it together with structures standing thereon for a public purpose viz., formation of approach to the proposed railway over bridge at Tanuku on Sajjapuram side. The learned Single Judge having observed that when the public purpose for which the land is sought to be acquired is not in dispute and there is no allegation of any malafides much less in the absence of violation of any of the statutory conditions for acquisition, the notification under section 4 (1) of the Act warrants no interference, dismissed the writ petition. Having aggrieved by the same, the present appeal has been preferred. Heard the learned Counsel for the petitioner and the learned Government Pleader for Land Acquisition. While placing the written instructions received from the Assistant Engineer (R & B), Tanuku, vide letter No.1233/AE/TNK/09m dated 29.1.2009, the learned Government Pleader has submitted that an extent of 33 sq. yards of steps portion of SR PLAZA belonging to the appellant may be exempted from proposed acquisition for forming service road and drain since it is falling in viaduct portion (pillars portion of ROB). In reply, the learned Counsel for the appellant submitted that as the steps which are constructed are very much necessary for ingress and egress through the building and also to the cellar, there should be some space left over for ingress and egress to the cellar portion. Having regard to the above submissions and the facts and circumstances of the case and in view of the fact that an extent of 33 sq. yards of steps portion of the appellant is being exempted from proposed acquisition as per the letter of the R & B Department adduced before this Court by the learned Government Pleader, We do not find any reason to exempt rest of the land from the acquisition proceedings. Accordingly, the writ appeal is disposed of. _________________________ Justice T. Meena Kumari ____________________________ Justice C.V. Nagarjuna Reddy Date: 30th January, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1410 of 2008 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 30th January, 2009