HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos. 5771, 6355, 6356, 6358 & 6361 of 2008 Date : 09.09.2011 Between : Y. Satyanarayana & others. …..Petitioners And The State of Andhra Pradesh, rep. by its Secretary, Revenue (Land Acquisition) & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos. 5771, 6355, 6356, 6358 & 6361 of 2008 COMMON ORDER : In view of the common questions of law and fact, all these writ petitions are heard together and are being disposed of by this common order. In these writ petitions, petitioners are owners and possessors of various extents of land in Gandrajupalle village of Gangavaram Mandal in Chittoor District. On the requisition sent by the Andhra Pradesh Industrial Infrastructure Corporation Ltd. to establish an industrial park, notification under Section 4(1) of the Land Acquisition Act was issued on 09.05.2007 and declarations under Section 6 of the Act were published on 04.03.2008, for acquisition of petitioners’ lands. Mainly, it is the case of the petitioners in these writ petitions that though inquiry under Section 5-A of the Land Acquisition Act was not dispensed with, without giving any opportunity for filing objections, declarations were published under Section 6 of the Act. Even in the counter affidavit filed by the respondents, there is no specific averment with regard to service of notice either by way of general notice or any specific notice, inviting objections. In the absence of issuing any notice as per the Rules framed under Section 55 of the Land Acquisition Act 1894 though inquiry under Section 5-A of the Act is not dispensed with, the petitioners are deprived of filing objections to the proposed acquisition. Though various other contentions are raised in the writ petitions objecting to the proposed acquisition, they are to be inquired into by the competent authority, but not by this Court. As much as it is not in dispute that the petitioners are not given any notice, either general or specific, in the inquiry conducted under Section 5-A of the Land Acquisition Act, and consequently declarations are published under Section 6 of the Act without conducting appropriate inquiry, I deem it appropriate to allow these writ petitions by quashing the declarations issued under Section 6 of the Act to the extent of lands owned by the petitioners, by permitting them to file their objections to the proposed acquisition before the 3rd respondent-Land Acquisition Officer within a period of two weeks from today. The petitioners shall also appear before the 3rd respondent and put-forth their case without waiting for any further date for hearing. It is open for the 3rd respondent- Land Acquisition Officer to inquire into the objections to be filed by the petitioners and send appropriate report to the 2nd respondent, and based on such report, further steps shall be taken in accordance with law. Writ petitions are allowed with the directions indicated above. No costs. ______________________ R. SUBHASH REDDY, J 9th September 2011 ajr