The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.8409 of 2005 Order: The petitioner-Vijayawada Private Electrical Workers Cooperative Building Society Limited filed this Writ Petition challenging the validity of the proceedings issued by the first respondent-Commissioner, Municipal Corporation of Vijayawada, in Rc.G2/19191/80, dated 30th March, 2005 and consequently, seeking direction to the respondents to allot its members the land available in Survey No.6 and 6 parts in Revenue Ward No.16, Block No.10, Near Disney Land, side of Burial grounds or any other land available. The members of the petitioner-Society are electrical workers and they formed into Society to acquire house sites. It is the case of the petitioner-Society that in the year 1980, it entered into an agreement with Sri Kurre Venkata Reddy and Smt.Meka Anasuyamma to purchase certain extent of land in Survey Nos.65/1B and 65/2 situated in Kundavari Kandriga of Pathapadu Gram Panchayat, Vijayawada, Krishna District. While so, the first respondent- Vijayawada Municipal Corporation has acquired a total extent of Ac.47.87 cents of land including the land purchased by the petitioner-Society under the Land Acquisition Act and notification to that effect was issued even before the agreement, alleged to have been entered into by the petitioner-Society. When the said acquisition proceedings were pending, a representation was made by the petitioner-Society requesting the respondents to part with the land to the extent, regarding which it has entered into an agreement to purchase, out of the land acquired by the first respondent-Municipal Corporation of Vijayawada. Pursuant thereto, the first respondent-Municipal Corporation passed resolution to restore certain extent of land out of the acquired land to the petitioner-Society. Alleging that the said resolution was not being implemented, the petitioner-Society approached this Court, earlier, by filing W.P.No.10297 of 1999 and the same was disposed of on 25th January, 2005, granting liberty to the petitioner-Society to make a fresh representation to the first and the second respondents therein for allotment of alternative site in Survey No.6 and 6 parts in Revenue Ward No.16 or any other suitable land and directing the respondents to pass appropriate orders thereon. In view of the said observations made by this Court, respondents have considered the representation filed by the petitioner-Society and passed the impugned order on 30-03-2005 stating that the land in Survey No.6 and 6 parts in Revenue Ward No.16 was already developed as Ajitsinghnagar, Vambay Colony and part of the said site was also allotted to Railway Department in lieu of handing over Satyanarayanapuram Railway Track area to Vijayawada Municipal Corporation. Even with regard to other available lands viz., site located at Disney Land area and Sewage Treatment area and side of burial grounds, it is stated that part of the said site was leased out and handed over to Cibar Disney Land and Vambay Colony and allotted to Railway Department. With regard to other alternative site at Rajarajeswaripet, it is stated that the said land was already allotted for the purpose of construction of houses under the Vambay Scheme and the construction of the houses was almost completed. Aggrieved by the same, the petitioner-Society filed this Writ Petition. Heard the learned Counsel for the parties and perused the entire material available on record. Though the petitioner-Society pleaded that other alternative lands are available, the same cannot be examined in this Writ Petition. It is to be noted that impugned order is passed in view of the observations made by this Court in W.P.No.10297 of 1999. Though it is the case of the petitioner-Society that it has purchased the land, which was also included in the notification issued under the Land Acquisition Act, it is not open to it to raise any objection as regards the said land at this stage, more so, when the acquisition proceedings have become final by passing an award and depositing the compensation. It is also to be noted that notification under Section 4(1) of the Land Acquisition Act for acquiring the land, alleged to have been purchased by the petitioner-Society, along with other land, was issued even prior to the petitioner-Society entering into the agreement of sale. In view of the reasons recorded by the first respondent in the impugned proceedings, I do not find any illegality therein, warranting any interference of this Court under Article 227 of the Constitution of India. However, if any housing schemes are notified within the area of the first respondent-Municipal Corporation, it is always open to the members of the petitioner-Society to make applications for allotment and on such applications being filed, respondents shall consider the same keeping in view the difficulty faced by the members of the petitioner-Society. Subject to the above observations, the Writ Petition is dismissed. No order as to costs. _________________ R.Subhash Reddy, J Dated 15th December, 2009 lur