CHATRATHI MOHAN RAO Vs. DISTRICT COLLECTOR LAND ACQUISITION

JUDGEMENT

(1.) The petitioners are the owners of Acs. 8-12 cents of land in T. Narsapuram Village and Mandal of West Godavari District. The District Collector, West Godavari, 1st respondent herein, published a notification, dated 20.05.2006, under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") proposing to acquire the said land for the purpose of providing house sites to the weaker sections. He dispensed with enquiry under Section 5A of the Act by invoking the urgency clause under Section 17(4) of the Act. The petitioners filed W.P. No. 19701 of 2006. An interim order was passed in that writ petition directing that enquiry under Section 5A of the Act be held.

(2.) The Joint Collector, West Godavari District, 2nd respondent herein, issued notices, dated 05.10.2006, to the petitioners, proposing to conduct enquiry under Section 5A of the Act, and the petitioners submitted their objections on 19.10.2006. Ultimately, the 2nd respondent passed an order, dated 12.01.2007, rejecting the objections raised by the petitioners. The same is challenged in this writ petition, mainly on the ground of want of jurisdiction.

(3.) On behalf of the respondents, a counter-affidavit is filed. It is stated that the Joint Collector, 2nd respondent, is competent to conduct enquiry under Section 5A of the Act and that taking the impugned order passed by the 2nd respondent into account, the 1st respondent has published a declaration under Section 6 of the Act on 31.01.2007. It is also stated that in case this Court takes a view that it was not competent for the 2nd respondent to conduct enquiry under Section 5A of the Act, the defect would be rectified.