IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.8246 and 8247 of 2008 WRIT PETITION NO : 8246 of 2008 Between: Dileep Kumar S/o.Jeevaraj Patel R/o.H.No.3-2-126/3A, L.B. Nagar Ring Road, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 2 The Special Collector and Project Director, Outer Ring Road Project, HUDA Complex, Tarnaka, Hyderabad. 3 The Hyderabad Urban Development Authority, Rep. by its Managing Director, Hyderabad. 4 The District Collector, Ranga Reddy District, Hyderabad. 5 The Land Acquisition Officer and Special Deputy Collector (L.A.) Unit- II, Outer Ring Road, HUDA Complex, 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 Mandamus to declare the award issued vide Proceedings No.LA/Unit-II/94/2005, dated 11.3.2008 passed under Section 11 of the Land Acquisition Act 1 of 1894 proposing to acquire the land to an extent of acres 2.13 1/2 guntas situated in Survey No. 126 of Mangalpally village, Ibrahimpatnam Mandal, Ranga Reddy District as illegal, arbitrary and violative of Principals of Natural Justice and violative Article 300-A of the Constitution of India and consequently set-aside the said award dated 11.03.2008 and also direct the respondents to provide alternate land for construction of M/s. M.J. Wood Process Industry and to pass such other order or orders. WRIT PETITION NO : 8247 of 2008 Between: Dileep Kumar S/o.Jeevaraj Patel R/o.H.No.3-2-126/3A, L.B. Nagar Ring Road, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 2 The Special Collector and Project Director, Outer Ring Road Project, HUDA Complex, Tarnaka, Hyderabad. 3 The Hyderabad Urban Development Authority, Rep. by its Managing Director, Hyderabad. 4 The District Collector, Ranga Reddy District, Hyderabad. 5 The Land Acquisition Officer and Special Deputy Collector (L.A.) Unit- II, Outer Ring Road, HUDA Complex, 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 Mandamus to declare the award issued vide Proceedings No.LA/Unit-II/110/2005, dated 11.3.2008 passed under Section 11 of the Land Acquisition Act 1 of 1894 proposing to acquire the land to an extent of acres 0.11 1/2 guntas situated in Survey No. 25 of Bonguloor village, Ibrahimpatnam Mandal, Ranga Reddy District as illegal, arbitrary and violative of Principals of Natural Justice and violative Article 300-A of the Constitution of India and consequently set-aside the said award dated 11.03.2008 and also direct the respondents to provide alternate land for construction of M/s. M.J. Wood Process Industry and to pass such other order or orders. Counsel for the Petitioner: Sri L.V.S.NAGARAJU Counsel for the Respondents: GP FOR LAND ACQUISITION THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.8246 and 8247 of 2008 COMMON ORDER: As the petitioner filed these two writ petitions questioning the award dated 11.03.2008, whereunder compensation was fixed in respect of his lands in Sy.No.125 of Bonguloor village and Sy.No.126/A/2 of Mangalpally village of Ibrahimpatnam Maqndal in Ranga Reddy District, these writ petitions are disposed of by this common order. Petitioner is the manufacturer of plywood and he established an industry, by name M/s MJ Wood Process Industries, in the said lands. The Government proposed to acquire the land of the petitioner, on which the industry was established, for formation of outer ring road, by issuance of notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) and consequential draft declaration under Section 6 of the Act. Thereafter, after conducting necessary formalities, an award under Section 11 of the Act was passed on 11.03.2008 determining the compensation. Petitioner states that he was not aware of the acquisition proceedings till he was issued a notice under Section 9(3) of the Act asking to appear before the Land Acquisition Officer-5th respondent, for determining the compensation and also for passing the award and though he participated in the award enquiry and requested the authorities to provide alternative land for shifting his industry, the same was not considered and the award was passed fixing the compensation. Hence, he filed these writ petitions seeking to set aside the award dated 11.03.2008 and to direct the respondents to provide alternative land to him. Heard the learned counsel for the petitioner and the learned Standing Counsel for outer ring road. The Government proposed to form outer ring road with a noble idea to ease out traffic congestion in the city of Hyderabad and in that context, huge extents of lands were acquired. Therefore, no one can be permitted to question the acquisition proceedings initiated for the said purpose. May be it is true that the petitioner is deprived of his property under Article 300 of the Constitution of India, but as his lands are required for the said public purpose, there is no illegality in acquiring his lands. Further, as the notification under Section 4(1) of the Act and the Draft Declaration under Section 6 of the Act were issued as early as in the year 2005 and as the petitioner filed these writ petitions only after passing of the awards, this Court is not inclined to entertain these writ petitions and they are liable to be dismissed. At this juncture, the learned counsel for the petitioner, Sri L.V.S.Nagaraju, submitted that petitioner requires some time to shift his industry and therefore, seeks some time to vacate the premises and handover vacant possession to the respondent-authorities. Considering the said request, this Court grants five months time from today to the petitioner to vacate the premises and handover vacant possession of the lands in question to the respondent-authorities. The respondent-authorities are hereby directed to proceed further with laying of outer ring road, without touching the lands acquired from the petitioner for a period of six months and immediately after expiry of five months, they can lay road on the lands in question. With the above observations, the writ petitions are dismissed. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 16th April 2008 Note: Furnish C.C. in two days. (B/o) sh To 1 The Principal Secretary, Government of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat, Hyderabad. 2 The Special Collector and Project Director, Outer Ring Road Project, HUDA Complex, Tarnaka, Hyderabad. 3 The Managing Director, Hyderabad Urban Development Authority, Hyderabad. 4 The District Collector, Ranga Reddy District, Hyderabad. 5 The Land Acquisition Officer and Special Deputy Collector (L.A.) Unit- II, Outer Ring Road, HUDA Complex, Tarnaka, Hyderabad. 6 2CCs to G.P for Land Acquisition, High Court of A.P., Hyderabad. 7 2CD copies