THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No. 6375 OF 2010 ORDER: Heard Sri N.Siva Reddy, learned counsel for the petitioners and the learned Government Pleader for Land Acquisition for the respondents and, at their request, the writ petition, is being disposed of at the stage of admission. The petitioners are the owners and are in possession of land of an extent of Acs.2.40 cents situated in Survey Nos.92/4 and 92/5 of Ramavaram Village, Anaparthi Mandal, East Godavari District. Their land was sought to be acquired for providing house sites to weaker sections by initiating proceedings under the Land Acquisition Act, 1894 (‘the Act’ for brevity). A Notification under Section 4(1) of the Act, in Ref.G3/4408/2008 dated 18.8.2008, was issued and an enquiry under Section 5-A of the Act was held. It is the specific case of the petitioners that no declaration under Section 6 of the Act has been made till date and, in view of the proviso thereunder, the entire acquisition proceedings, including the notification under Section 4(1) of the Act, has lapsed. Learned Government Pleader for Land Acquisition, on instructions, would submit that the notification under Section 4(1) of the Act was approved by the District Collector, Kakinada, on 19.8.2008; notice under Section 5-A of the Act was issued on 17.9.2008 proposing to conduct enquiry on 29.9.2008 and the petitioners had filed their objections requesting that the land acquisition proceedings be dropped. Learned Government Pleader would fairly state that the notification under Section 4(1) of the Act stood lapsed as the declaration under Section 6 of the Act could not be issued within one year from the date of the notification under Section 4(1) of the Act. In view of the submissions made by the learned Government Pleader, it is declared that the notification under Section 4(1) of the Act, issued by the first respondent vide Ref.G3/4408/2008 dated 18.8.2008, and published in East Godavari Gazette NO.1699/08 dated 19.8.2008, for acquisition of land of an extent of Ac.0.25 cents in R.S.NO.92/4 of the first petitioner and an extent of Acs.2.15 cents situated in Survey No.92/5 of Ramavaram Village of Anaparthi Mandal, East Godavari District, has lapsed as the declaration under Section 6 of the Act was not issued within one year from the date of the notification under Section 4(1) of the Act. The writ petition is allowed. However, in the circumstances, without costs. ____________ 22-3-2010 RRB/asp