THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.18951 of 2010 ORDER: The petitioners are residents of a locality known as Neelam Balaiah Doddi, Kavadiguda, Secunderabad in an area of about 3000 square yards. Respondent No.8 is said to be the owner of the said land. The petitioners state that the locality has turned out to be a slum and respondent Nos.1 to 5 are under obligation to provide them relief by initiating proceedings under A.P. Slum Improvement (Acquisition of Lands) Act, 1956 (for short ‘the Act’). After referring to the developments that have taken place vis-à-vis the said property, the petitioners seek a writ of mandamus to direct respondent Nos.1 to 5 to acquire the land under the Act and to allot the same to them. Respondent No.3 filed a counter-affidavit. It is stated that the land to an extent of 1030 square meters in T.S.No.1, Block-L, Ward No.109 of Bholakpur Village abutting a Shiva Temple was found to be a slum, in which the petitioners and other persons belonging to weaker-sections are residing and the proceedings under the Land Acquisition Act were initiated by issuing notification under Section 4 (1) and declaration under Section 6 of that enactment, on 15.03.1996 and 16.03.1996 respectively. It is further stated that the award could not be passed on account of the fact that the owners of the land did not come forward to participate. It is stated that further steps vis-à-vis the land are not taken, on account of the pendency of the writ petition. Respondent No.5 filed a counter-affidavit stating that the petitioners are tenants of small portions constructed over the land and though they have suffered orders of eviction of the competent Court of law, they are still continuing to reside on the same. It is also stated that there are huge arrears of rent payable by the petitioners and other residents in the locality. Heard the learned counsel for the petitioners, the learned Government Pleader for Land Acquisition, the learned Standing Counsel for the Corporation and the learned counsel for respondent No.8. The petitioners insist that the land covered by the houses in which they are residing must be acquired under the Act. The record, however, discloses that the Government initiated proceedings under the Land Acquisition Act in respect of 1036 square meters. That, however, did not fructify for one reason or the other. As of now, the proceedings under the Land Acquisition Act have also lapsed by operation of Section 11-A of that Act. It is ultimately for the Government and the Greater Hyderabad Municipal Corporation to decide whether or not to initiate fresh proceedings under the Land Acquisition Act. Before any steps are taken, they are under obligation to hear the version of respondent No.8 also. As long as the Government has taken a policy decision to provide land to the petitioners by acquiring it under the Land Acquisition Act, it should not make any difference for them whether it is acquired through that process or through any other process. Hence, the writ petition is disposed of directing the District Collector, Hyderabad and the Greater Hyderabad Municipal Corporation, respondent Nos.2 and 5 respectively, to decide whether or not to acquire the land owned by respondent No.8 for the benefit of the petitioners and if a decision is taken to acquire it, the proceedings under the relevant provisions of law shall be initiated without any further delay. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.18.04.2011. kdl