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2006 DIGILAW 193 (SC)

Visakhapatnam Urban Dev. Authority v. S. S. Naidu

2006-02-22

ALTAMAS KABIR, B.P.SINGH

body2006
ORDER : 1. Civil Appeal No. 1666/2004 arises out of the judgment and order of the High Court of Andhra Pradesh at Hyderabad in Writ Appeal No. 2312/1998 dated 27.2.2002 whereby the High Court dismissed the appeal preferred by the appellant challenging the order of the learned Single Judge quashing G.O. No. 222 dated 30.4.1998 whereby the Government cancelled the earlier G.O. No. 121 dated 27.2.1990 proposing to withdraw from the acquisition proceedings. The said order was quashed by the learned Single Judge and affirmed by the Division Bench on the finding that before passing the impugned G.O. No. 222, the owners of the land whose lands were subject matter of acquisition were not heard, nor was their representation considered. 2. Civil Appeal No. 1665/2004 has been preferred by the appellant Authority impugning the judgment and order of the High Court in Writ Appeal No. 1074/1999 preferred by the respondents herein challenging the order of the learned Single Judge in Writ Petition No. 6300/1999 whereby the prayer for restoration of possession was disallowed by the learned Single Judge. However, the writ appeal was allowed by the impugned judgment and order and a direction was made for restoration of possession of lands in question to the respondents. 3. We have heard counsel for the parties for some time. The case has a cheque red history and that primarily for the reason that the Government has taken a vacillating stand some time deciding to withdraw from acquisition and then changing its mind and decision to acquire the lands notified under the provisions of the Land Acquisition Act. 4. After hearing the parties for some time, we are of the view that the ends of justice will be met if both the impugned judgments and orders are set aside with a direction to the State Government of Andhra Pradesh to consider the representation of the respondents (owners of the lands sought to be acquired) as well as the appellant authority, namely, the Visakhapatnam Urban Development Authority and thereafter to take a decision as to whether it should or should not cancel the G.O. No. 121 dated 27.2.1990. We, accordingly, allow both the appeals and set aside the impugned judgments and orders of the High Court with a direction to the State Government of Andhra Pradesh to consider the representations of the parties concerned, namely, land owners and the Development Authority and thereafter to pass appropriate order as indicated hereinabove. We permit the parties before us to file a fresh representation, if so advised, within a period of ten days from today. The State Government will consider the aforesaid representations as also all other relevant material on record and pass appropriate order in accordance with law within a period of two months from the date of receipt of the representations by it. It will be o pen to the State Government to give a personal hearing to the parties if they seek such hearing. 5. The appeals are allowed in the above terms. The interim order which operated as of date shall continue to operate till the date of decision by the State Government on the representations. Let the records of the case be immediately despatched to the High Court. No order as to the costs.