MANNEM PEDDA NARSI REDDY Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 28-2-1998 passed by the learned Senior Civil Judge, Gurazala in L.A.O.P. No.199 of 1995.

(2.) A few facts which are necessary to dispose of this appeal are as follows: The Government, with a view to distribute sites to weaker sections of the society, thought of acquiring some land covered by S.Nos.873/1 and 874 at Julakallu village of Piduguralla Mandal, Guntur District. Accordingly, draft notification under Section 4(1) of the Land Acquisition Act was published in Guntur District Gazette on 11-11-1977 for acquiring Ac.6-64 cents out of Ac.18-10 cents in S.No.873/1 and Ac.5-86 cents out of Ac.50-33 cents in S, No.874. As far as the present appeal is concerned, the land acquired was 5 acres 26 cents in S.No.873/1. Notices under Sections 10-1, 9(3} and 10 were issued, but the enquiry of the award could not be completed, as the pattadars were absent from the village. The beneficiaries desired to get the pattas on 16-8-1982 as the Panchayat Samithi proposed permanent hutting programme in the village. The Collector accorded permission to take possession of the land and accordingly the land was taken possession in advance on 21-1-1983 and pattas were distributed to 174 beneficiaries of the village on 24-1-1983. While so, one of the land owners, namely, Sri M.P. Narsi Reddy (appellant in this appeal) filed W.P. 7882 of 1985 and obtained stay orders in WPMP No.10809 of 1985, dated 25-7-1985. The High Court quashed the draft declaration and draft notification and allowed the said writ petition, but however, did not preclude the authorities from publishing the notification under Section 4(1) of the Act.

(3.) Again, draft notification was submitted to the District Collector, Guntur on 2-9-1986, but the same was returned by the District Collector for want of funds. Again, draft notification proposals were submitted to the District Collector on 16-12-1988 and they were approved on 22-4-1989 and the notification was published on 5-10-1989.