IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1357 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/02/2008 in WP NO : 517 OF 2008 on the file of the High Court.) Between: 1 The Government of Andhra Pradesh, rep. by its Prl. Secretary, Irrigation Department, Secretariat, Saifabad, Hyderabad. 2 The District Collector, Srikakulam, Srikakulam District. 3 The Special Dy. Collector (L.A.) Unit I, Hiramandalam, Srikakulam District. ..... APPELLANT(S) AND 1 A.Anuradha W/o.Venkata RAmesh R/o. Hiramandalam Village & Mandal, Srikakulam District. 2 A.Vijayakumar S/o.Satyanarayana R/o. Hiramandalam Village & Mandal, Srikakulam District. 3 D.Krishnakumari W/o.Nageswara Rao R/o. Laxminarasupeta, Hiramandalam Mandal, Srikakulam District. 4 D.Sriramachandra Murthy S/o.Krishnamurthy R/o. Laxminarasupeta, Hiramandalam Mandal, Srikakulam District. .....RESPONDENT(S) Counsel for the Appellant: GP FOR LAND ACQUISITION Counsel for the Respondents: MR.K.R.PRABHAKAR The Court made the following : Form-NIC-OGS/WA {KURR} HONOURABLE SRI JUSTICE A. GOPAL REDDY AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.1357 of 2008 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal, under Clause 15 of the Letters Patent, is directed against the orders of the learned Single Judge of this Court dated 22-02-2008 in W.P.No.517 of 2008, ﬁled by the respondents-writ petitioners, allowing the writ petition by quashing the Notiﬁcation issued under Section 4 (1) of the Land Acquisition Act (for short ‘the Act’), dated 15-11- 2007. 2. The facts of the case are that the Special Collector, Unit-1, Vamsadhara Project, Stage-2, Phase-2, Duggupuram, was delegated to discharge the functions of the Collector under the provisions of the Act. In the publication made in a local newspaper called ‘Ratnagarbha’, it is notiﬁed that under Section 17 (4) of the Act, holding of an enquiry under Section 5-A of the Act shall not apply in view of the urgency of the case. 3. Therefore, It is not in dispute that while in the Gazette Notiﬁcation which was envisaged holding of an enquiry under Section 5-A of the Act, however, a Notiﬁcation published in the local newspaper under Section 4 (1) of the Act dispensed with the enquiry under Section 5-A of the Act. 4. Further, the learned Single Judge, after perusing the records, found that declaration under Section 6 of the Act was dated 24-11-2007 and the Act was published in the District Gazette, Srikakulam, dated 23-11-2007. 5. In view of the above, no inﬁrmity is discernable to the order passed by the learned single Judge in quashing the Notiﬁcation. Even if the said declaration is quashed and Notiﬁcation under Section 4 (1) is restored, they cannot now issue fresh declaration under Section 6 of the Act. Therefore, no ground is made out warranting interference with the order of the learned Single Judge. 6. However, the learned Government Pleader for Land Acquisition submitted that the impugned Notiﬁcation covered not only the land of the petitioner but also the land of others who consented for passing of a consent award and received compensation, therefore, quashing of the Notiﬁcation may be conﬁned only to the lands belonging to the petitioner. 7. In view of the same, the quashing of the notiﬁcation is conﬁrmed only to the extent of lands owned by the writ petitioners 1 to 3, in an extent of Ac.1.85 cents in Sy. No.324/2, Ac.0.62 cents in Sy. No.325/13, Ac.0.83 cents in Sy. No.326/2B2 and Ac.0.99 cents in Sy. No.324/6, totaling to Ac.4.29 cents and similarly the lands owned by the 4th writ petitioner i.e. Ac.3.57 cents, covered by various survey numbers, situated in Korada village, Kiramandalam Mandal, Srikakulam District. Therefore, the notiﬁcation to the extent of the lands owned by the writ petitioners 1 to 4 is quashed. 8. The Writ Appeal is accordingly dismissed. No costs. _________________________ JUSTICE A.GOPAL REDDY _____________________________ JUSTICE VILAS V. AFZULPURKAR November 04, 2008 Kvr