HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13647 of 2009 Dated: 22-02-2010 Between: Saini Prabhakar & others. … Petitioners And The Government of A.P., rep. by its Principal Secretary, Panchayat Raj & Rural Development (PTS III) Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13647 of 2009 ORDER: This writ petition is filed, seeking a writ of Mandamus, declaring : a) that the notification issued by the 1st respondent through his proceedings vide G.O.Rt.No.864 PR & RD Department, dated 17.05.2005, issued under Section 4(1) of the Land Acquisition Act, 1894, published in Andhra Bhoomi daily news paper, dated 01.06.2005, and the consequential draft declaration issued under Section 6 of the Land Acquisition Act, dated 10.06.2005, as lapsed in terms of the provisions of the Land Acquisition Act, and set aside the same; and b) to issue a consequential direction to the respondents to initiate Land Acquisition proceedings afresh in the event of the respondents being desires of acquiring the lands of the petitioners in Sy.Nos.2, 126, 128, 129, 130 to 137, 171 and 172, admeasuring Ac.16-15 gts., situated at Hasanparthy village and Mandal of Warangal District, with further directions, baring the respondents from interfering with the petitioners’ possession in respect of the subject lands, till completion of the formalities as detailed above. 2. It is not in dispute that the petitioners are the owners of the lands covered by Survey Nos.2, 126, 128, 129, 130 to 137, 171 and 172, admeasuring Ac.16-15 gts., situated at Hasanparthy village and Mandal of Warangal District. The aforesaid lands are notified for acquisition, for the purpose of construction of buildings for District Samskruthi vihar and also for Training Center to certain self-employed and women groups. The notification under Section 4(1) of the Land Acquisition Act, 1894, is issued in G.O.Rt.No.864, dated 17.05.2005, and declaration under Section 6 of the Act was also published in the Gazette on 18.05.2005. In this writ petition, the main case of the petitioners is that as much as no award is passed within a period of two years from the date of publication of Section 6 declaration, as contemplated under Section 11-A of the Land Acquisition Act, 1894, the entire proceedings for acquisition of the land in question, have lapsed. 3. On behalf of respondents, the Revenue Divisional Officer, who is the Land Acquisition Officer, has filed counter affidavit. In the counter affidavit, while generally denying the various allegations made by the petitioners, it is stated that the Project Director, D.R.D.A., Warangal, vide his letter No.B/2678/2002, dated 12.12.2002, has submitted requisition for acquisition of land to the extent of Ac.16.15 ¼ gts. in Survey Nos.126, 128, 129, 132 to 136, 171 and 172 of Hasanparthi village and Mandal of Warangal District, for the purpose of establishment of Sanskruthi Vihar. It is stated that accordingly, based on the said requisition, Notification is issued under Section 4 (1) of the Land Acquisition Act, on 17.05.2005, and declaration under Section 6 of the Act, was published on 18.05.2005. It is categorically admitted in the counter that the award is not passed within two years from the date of publication of Section 6 declaration, as the funds are not made available. However, it is stated that as the possession of land was taken much prior to the initiation of proceedings under the Land Acquisition Act, as such, though the award is not passed within two years from the date of declaration, the proceedings will not lapse. 4. Having notified the land by issuing notification under Section 4(1) and declaration under Section 6 of the Land Acquisition Act, by not passing the award within the statutory period of two years as contemplated under Section 11-A of the Act, it is not open for the respondents to state that the proceedings are not lapsed. It is not clear from the record as to how and on what basis the requisition Department can take possession of the land of petitioners even before initiation of proceedings under the Land Acquisition Act. In any event, having initiated proceedings and having issued the notification under Section 4(1) and declaration under Section 6 of the Land Acquisition Act, it was obligatory on the part of respondents to pass the award within a period of two years from the date of declaration. As much as no award is passed within the Statutory period, by virtue of the benefit conferred on the owners under Section 11-A of the Act, the proceedings are lapsed. 5. In that view of the matter, this writ petition is allowed, declaring that the proceedings initiated for acquisition of petitioners’ lands, pursuant to notification under Section 4(1) and declaration under Section 6 of the Act, are lapsed. However, as it is stated that the said land is needed for public purpose, respondents are permitted to issue fresh notification and take steps for passing of award as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. Failing to initiate proceedings within the aforesaid period, respondents are directed to restore possession to the petitioners by conducting panchanama. If the petitioners are deprived of their properties as otherwise than due process of law, it is open for them to proceed against the respondents in accordance with law. 6. Writ petition is accordingly allowed. No costs. ______________________ R. SUBHASH REDDY, J 22nd February 2010 ajr