JETTI UMAMAHESWARA RAO Vs. DISTRICT COLLECTOR GUNTUR

JUDGEMENT

(1.) The District Collector, Guntur, the 1st respondent, published a notification, dated 1.9.2006, under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act'), proposing to acquire Acs.2.83 cents of land in Survey No.819/3 and 5 of Telaprole Village, Tenali Mandal, Guntur District, owned by the petitioners. THE purpose of acquisition is for providing house sites to the weaker sections. Enquiry under Section 5-A of the Act was held. THE petitioner submitted their objections, stating, inter alia, that the cost of the land is very high, in the range of Rs.40 to Rs.50 lakhs, per acre, and that poramboke and Government lands are available in the village for providing house sites. THEreafter, the 1st respondent published a declaration under Section 6 of the Act, on 17.1.2007. THE petitioners challenge the same. It is urged that there was no effective enquiry under Section 5-A of the Act and though the authorities of the Revenue Department took the view that it is not at all feasible or advisable to acquire the land, the 1st respondent proceeded with the same.

(2.) The 2nd respondent filed a counter- affidavit. He narrated the initial steps that preceded the publication of notification under Section 4(1) of the Act, and the steps taken thereafter. THE averment of the petitioners that the land is costlier one is not specifically denied. It is stated that the petitioners own other extents of land also.

(3.) The 1st respondent, no doubt, directed the enquiry under Section 5-A of the Act be held, while issuing notification under Section 4(1) of the Act, on 1.9.2006. THE 2nd respondent, who was entrusted with the duty, issued notification, dated 25.9.2006, inviting objections to be submitted on or before 15.10.2006. THE petitioners submitted their objections on 1.10.2006. One of the objections raised by them was that the cost of land is in the range of Rs.40 to Rs.50 lakhs, per acre, and according to the policy of the Government, the lands of very high cost shall not be acquired for providing house sites to the weaker sections.