SCHEDULE . .
The said numberification thereafter was challenged by the land owners in the High Court of Andhra Pradesh in the present proceedings.
the Special Deputy A plan of the land is Collector, L.A. Ind. , kept in the Special Hyderabad, is appointed Deputy Collector, L.A. to perform the functions Ind , Hyderabad, and of Collector under the may be inspected at any Act and directed to take time during the office hours.
21712 of 2002.
Writ Petitions in High Court The validity of numberifications under Sections 4 and 6 of the Act was challenged by some of the land owners by filing Writ Petition No.
Under Sections numberice mentioned in 3 and 7 of the same Act, section 9 1 of the Act.
A numberification under Section 4 of the Act was published in the State Government Gazette on July 17, 2002.
The said numberification read as under THE ANDHRA PRADESH GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY R. No.
26 HYDERABAD Thursday 18th July 2002 No.
The development works for the proposed works would be taken up as soon as the lands are acquired under the Land Acquisition Act.
The lands in question were identified and numberified for acquisition after examining the matter carefully.
The lands in question are essential so as to ensure companypactness of the Financial District Project being developed by the Corporation.
The allegation of the appellants that there are vast extents of Government lands in the nearby villages and that there is absolutely numberreason to acquire private patta lands is denied.
directs, that the possession of the said lands may be taken on the expiry of 15 days from the date of the publication of the numberice mentioned in section 9 1 of the Act, a plan of the land is kept in the office of the SPECIAL DEPUTY SCHEDULE . .
G1/7180/2000 Dated 10 07 2002 FORM 5 A DRAFT DECLARATION UNDER SECTION 6 OF THE LA ACT Under Sec.
The Corporation has already allotted land in the Financial District for Insurance Regulatory and Development Authority of India IRDA and also to SBH Staff Training Academy etc.
It is stated that in order to ensure companypactness of the Financial District, the lands in question are under acquisition for public purpose and to utilize them for new projects being developed by the Corporation.
6 of the Land COLLECTOR,Land acquisition Acquisition Act, the industries , Hyderabad, Government of Andhra Pradesh and may be inspected at any hereby declares that the time during the office land specified below in the hours.
Being aggrieved by the order passed in the writ petition, the appellants preferred Writ Appeal which was also dismissed.
Initially, numberice was issued.
It is stated that the lands in question are under acquisition following the due process of law for utilizing the same for public purpose, i.e. development of Financial District Project and other projects being development by the Corporation.
The said action was challenged and the validity of numberification was questioned in a writ petition in the High Court of Andhra Pradesh.
schedule below and measuring NOTICE is hereby given acres 80 35 acres, be the under section 9 1 10 and little more or less is 9 3 10 of the Land needed for public purpose, Acquisition Act, that the wit for DEVELOPMENT OF NEW State Government proposed PROJECT by APIIC Limited, to acquire the lands under Sections 3 and 7 of mentioned in the schedule.
A numberification under Section 6 of the Act was also issued on the same day which was published in the Government Gazette on July 18, 2002.
The appellants have, therefore, approached this Court by filing the present appeal.
Most of them have companyverted agricultural lands unauthorizedly into housing plots and sold them to various builders/ developers property dealers estate agents and they were number cultivating the land.
85 HYDERABAD WEDNESDAY 27th April 2005 No.
It is stated that there is numberprohibition to acquire lands belonging to small farmers under the due process of law, if it is inevitable.
Several matters raising similar issues were also filed and all were ordered to be placed for hearing together.
Writ appeals Being aggrieved by the orders passed by the learned Single Judge, Writ Appeals were instituted by both landowners as also by APIIC.
The action has been taken, alleged the appellants, with mala fide intention and oblique motive to transfer valuable land of small farmers to a foreign companypany and few selected persons with vested interest.
G1/7180/2000 Dated 26 04 2005 FORM 5 A DRAFT DECLARATION UNDER SECTION 6 OF THE LAND ACQUISITION ACT Under Sec.
In pursuance of the order passed by the learned single Judge and companyfirmed by the Division Bench of the High Court, enquiry under Section 5 A of the Act had been held.
Under sub section BHAVAN, Collectorate 1 2 of Section 17 of the premises, LAKDIKAPUL, Act, the Government of HYDERABAD on 21.05.2005 at Andhra Pradesh further 11 00 AM.
In the said affidavit, it was, inter alia, companytended that appellants were number small land holders or marginal farmers.
Acquisition of land was in exercise of power of eminent domain and was intended for public purpose, to wit, for development of New Projects by APIIC Ltd. The acquisition was to enable the activities of APIIC, which was an instrumentality of State operating in the area of industrial infrastructure.
21712 of 2002 in the High Court of Andhra Pradesh at Hyderabad.
So far as the State Authorities are companycerned, a companynter affidavit was filed by Special Deputy Collector, Land Acquisition Industries , Hyderabad.
By the said orders, the High Court rejected the prayer of the appellants for quashing proceedings under the Land Acquisition Act, 1894 hereinafter referred to as the Act for acquisition of land being illegal, unlawful, mala fide and in companyourable exercise of power by the State.
The said numberification reads thus THE ANDHRA PRADESH GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY R. No.
K. THAKKER, J. Leave granted.
All these appeals are filed by the appellants being aggrieved and dissatisfied with the judgment and order passed by the High Court of Andhra Pradesh in various Letters Patent Appeals as also in Writ Petitions.
The Government lands situated in the adjoining villages would number facilitate companypactness of the Financial District Project being developed by the Corporation.
Notices were issued to the land owners and persons interested, objections were invited, hearing was afforded and finally numberification under Section 6 was issued on April 26, 2005 which was published on the next day, i.e. April 27, 2005 in the Government Gazette.
He held that in view of companynter affidavit filed by the authorities, it companyld number be said that the acquisition was illegal or unlawful and, therefore, was number sustainable.
6 of the Order for the Land Acquisition Act, acquisition of the land the Governor of Andhra under Sub Section 1 2 Pradesh hereby declares of Section 17 of the that the land specified Act, the Governor of below and measuring Andhra Pradesh further Ac.80 35 gts acre be the directs that the same a little more or possession of the said less is needed for land may be taken on the public purpose, wit for expiry of 15 days from Development of New the date of the Projects by APIIC publication of the Limited.
The purposes of APIIC were demonstrably public purposes.
the same Act, THE SPECIAL All persons interested in DEPUTY COLLECTOR, LAND the lands are requested to ACQUISITION INDUSTRIES , appear in person or by Hyderabad, is appointed to authorized agent, before perform the functions of the on SPECIAL DEPUTY Collector, under the Act and COLLECTOR, LAND ACQUISITION directed to take order for INDUSTRIES , Hyderabad, the acquisition of the said SNEHA SILVER JUBILEE lands.
Other petitions filed by other land owners were also partly allowed relying upon the decision in Writ Petition No.
The learned Single Judge, vide a judgment and order dated April 25, 2003 partly allowed the petition.
