THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.31449 of 2011 Dated 26th December, 2011 Between: Mr.T.Krishna Reddy and another …Petitioners And The Government of Andhra Pradesh, rep.by its Secretary, Department of Municipal Administration & Urban Development (H2), Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioners: Sri T.Lakshminarayana Counsel for respondent No.1: GP for MA & UD Counsel for respondent No.2: Sri G.Rama Chandra Reddy Counsel for respondent No.3: Sri R.S.Murthy Counsel for respondent Nos.4 to 6: AGP for Land Acquisition The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside notification bearing Roc.G2/7877/09, dated 14.10.2010, and consequential proceedings bearing No.Roc.G2/7877/09, dated 20.10.2011, issued by respondent No.5. The land belonging to the petitioners along with some other properties were notified for acquisition by respondent No.5 vide notification, dated 22.10.2010, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) for the purpose of providing parking place for the commuters of the Railways. One of the main grounds raised by the petitioners is that respondent No.5 has no authority or power to initiate acquisition proceedings, as the proposed acquisition is for the Department of Railways, a Government of India Undertaking. At the hearing, the learned Assistant Government Pleader for Land Acquisition fairly stated that as the appropriate Government is the Central Government as defined under Section 3(ee) of the Act, in the event of delegation to the State Government, it is the Secretary concerned who is competent to initiate acquisition proceedings and that in the instant case, notification under Section 4(1) of the Act is issued by respondent No.5. In the light of the fact that respondent No.5 has no competence in the absence of specific delegation by the Government of India, he is not competent to initiate acquisition proceedings impugned in this writ petition. On this short ground alone, the writ petition is allowed and the acquisition proceedings are quashed qua the property of the petitioners. As a sequel to disposal of the writ petition, W.P.M.P.No.39027 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 26th December, 2011 VGB