KRISHNAMMA Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The challenge herein is of the dismissal of O. P. No. 4741/91 and allowing continuance of the proceedings by the Land Acquisition Officer with regard to the acquisition of land which belongs to the appellant for the purpose of a Post Office. It is pointed out that as against the mention in Ext. P8 Notification issued under S.4(1) of the Land Acquisition Act that the proposal is to acquire an area of 0. 0131 Hectare of land, the Government has issued Ext. P11 declaration under S.6(1) specifying that the acquisition is in respect of 0. 0195 Hectare of land. The learned counsel for the appellant submits that a declaration under S.6(1) cannot be in deviation of the notification under S.4(1) and that the entire proceedings have, therefore, to be struck down.

(2.) It is true that there is some variation in the extents mentioned in Exts. P8 and P11, as mentioned above. Nevertheless, we are not satisfied that the proceedings for acquisition can be struck down on this ground. The publication of notification under S.4(1) is only a preliminary step. For a proper understanding of the purpose and scheme behind the notification, it is necessary to go into the Section itself. S.4 reads as follows:

(3.) As seen from the above, it is only after such a notification is made that the land acquisition authorities are expected even to enter upon and survey and take levels of the land concerned. The exact extent of the land to be acquired can be fixed only after such survey and measurements.