Court mandates fresh consideration under Section 5A, citing improper procedures in land acquisition process
In a significant ruling, the Andhra Pradesh High Court has quashed the land acquisition proceedings initiated by the Bhimavaram Municipality for setting up a municipal solid waste compost yard in Yenamuduru Village, West Godavari District. The court found the original declaration under Section 6 of the Land Acquisition Act, 1894, and the subsequent award as invalid due to non-compliance with mandatory procedures under Section 5A of the Act.
The case, brought before Justice Ravi Nath Tilhari, revolved around the improper invocation of urgency provisions under Section 17(4) of the Act, which initially dispensed with the necessary enquiry under Section 5A. The petitioners, successors of landowner S.Pichappan, challenged the notifications and award, arguing that their objections were not adequately considered.
The judgment highlighted the importance of Section 5A, which provides landowners with the right to object to acquisitions. Justice Tilhari emphasized the need for the Collector to conduct a thorough enquiry into these objections and the requirement for the government to apply its mind independently before proceeding with any declaration under Section 6.
The High Court directed the Andhra Pradesh Government to take a fresh decision under Section 5A after considering the recommendations made by the District Collector on July 4, 2012. The court stipulated a three-month timeframe for this decision-making process. It further clarified that any new declaration under Section 6 must comply with the statutory limitation periods prescribed in the Act.
The ruling also addressed the broader implications of land acquisition for municipal purposes, asserting that the state's power to acquire land outside municipal limits for municipal uses is not restricted by the Municipal Solid Waste Management and Handling Rules, 2000.
While the court upheld the notification under Section 4 of the Act, it quashed the Section 6 declaration and the award, paving the way for the possibility of fresh acquisition proceedings, should the government decide in favor of acquiring the land post-enquiry.
The decision marks a crucial juncture in balancing public interest with individual property rights and underscores the judiciary's role in ensuring procedural fairness in land acquisition cases.
Bottom Line:
Land Acquisition - Section 5A of the Land Acquisition Act confers a valuable right to landowners to object to the acquisition of their land, which must be considered with due application of mind by the government before proceeding under Section 6.
Statutory provision(s): Land Acquisition Act, 1894 Sections 5A, 4, 6; Municipal Solid Waste (Management & Handling) Rules, 2000 Rule 4
S.Pichappan (died) v. District Collector, (Andhra Pradesh) : Law Finder Doc id # 2847463
