HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11178 of 2008 Date : 31.10.2011 Between : Madava Reddy. …..Petitioner And The District Collector, Krishna District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11178 of 2008 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the declaration issued under Section 6 of the Land Acquisition Act, in Proceedings Rc.No.5039/07-G1, dated 26.04.2008, as illegal and arbitrary. The petitioner was owner and possessor of the land, totally admeasuring Ac.1.04 cents, covered by Sy.No.357/A-1B, situated at Bathanapuri village of Navuluru hamlet in Guntur District. On the requisition sent by the 3rd respondent, for the public purpose, namely, for integrated development of Amravathi township, taken out by the 2nd respondent-Urban Development Authority, earlier, an extent of Ac.0.80 cents of petitioner’s land was acquired and possession was taken. It is the case of the petitioner that in the remaining Ac.0.20 cents of land, he has set up a bone mill and is running the same. In this writ petition, it is the grievance of the petitioner that though he is in possession of Ac.0.20 cents of land and is running a bone mill in the said land, the respondents, without issuing any further notification under Section 4(1) of the Land Acquisition Act and without conducting any inquiry, have issued a declaration under Section 6 of the Land Acquisition Act, on 26.04.2008, to acquire the remaining Ac.0.20 cents of land, where the petitioner’s factory unit is located. Counter affidavit is filed by the Special Grade Deputy Collector (Land Acquisition), VGTM, UDA, Vijayawada. While denying the various allegations made by the petitioner, it is stated in the counter affidavit that the notification under Section 4(1) of the Land Acquisition Act, notifying the land of the petitioner, was issued on 4th of January 2008 and the same was published in the newspapers on 6th January 2008. It is further stated that inquiry under Section 5-A of the Land Acquisition Act was conducted, and in the said inquiry, though notices were sent by registered post with acknowledgement due, petitioner has refused to receive the said notices, as such, inquiry under Section 5-A of the Act was completed, and thereafter, declaration under Section 6 of the Land Acquisition Act was published on 26.04.2008. It is contended by the learned counsel for petitioner that no attempt was made to serve notice under Section 5-A of the Land Acquisition Act, on the petitioner. When the matter was taken up on the last occasion, it was adjourned to enable the learned Government Pleader to obtain instructions as to whether any notices were served on the petitioner in the inquiry conducted under Section 5- A of the Land Acquisition Act. When the matter is taken up today, it is submitted by the learned Assistant Government Pleader that though notices were sent, they were returned unserved, as such, inquiry was conducted, but again respondents are prepared to conduct fresh inquiry under Section 5-A of the Land Acquisition Act, by giving opportunity to the petitioner. In view of the aforesaid submission made by the learned Assistant Government Pleader and as much as Ac.0.80 cents of land belonging to the petitioner was already acquired and possession was already taken and the remaining Ac.0.20 cents of land, which is sought to be acquired, is covered by bone mill run by the petitioner, I deem it appropriate to quash the impugned declaration issued under Section 6 of the Land Acquisition Act, in Proceedings Rc.No.5039/07-G1, dated 26.04.2008, and also the report under Section 5-A of the Land Acquisition Act which was approved by the respondents, with a direction to the respondents to conduct inquiry afresh under Section 5-A of the Land Acquisition Act, pursuant to the 4(1) notification, dated 04.01.2008, and take appropriate steps. The petitioner, without waiting for any further notice under Section 5-A of the Act, on his own, shall submit his objections within a period of four weeks from today. On filing his objections, the petitioner has to appear in 5-A inquiry without notice from the office of the Land Acquisition Officer, and the Land Acquisition Officer is directed to conduct and complete the inquiry as expeditiously as possible and take further steps in accordance with law. The writ petition is partly allowed with the directions referred above. No order as to costs. ______________________ R. SUBHASH REDDY, J 31st October 2011 ajr