M NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal against the Judgment of the learned single Judge dismissing the writ petition.

(2.) The facts of the case are as follows: A notification under Section 4 (1) of the Land Acquisition Act (hereinafter referred to as the 'Act') was published in the West Godavari District Gazette on 25-4-1987. In the said notification it was stated that the lands were required for providing house-sites to Schedule Castes and Back-ward Classes. According to the respondents authorities, local publication of the substance of the said notification was made on 27-4-1987. It is not in dispute that the notification was also published in the local newspapers as provided under Section 4 (1) of the Act, as amended by Act 68 of 1984, on 15-6-1987. The writ petition itself was filed on 22-6-1987. It was stated that the writ petitioners (appellants) are small farmers and that there was no publication of the substance of Section 4 (1) notification in the locality either by beat of tom-tom or otherwise. The appellants further averred that the President of the Panchayat had given a letter to the respondents stating that he did not receive the copy of the Gazette publication and that therefore he did not publish the substance of S.4(l) notification in the Village either by affixture or by tom tom.

(3.) A Counter-affidavit was filed before the learned single Judge stating that the petitioners-appellants are not small farmers as alleged by them, Various details of the holdings of the petitioners-appellants were given. It was also stated that the substance of the notification under Section 4 (1) of the Act was published in the Village on 27-4-1987 and that the mandatory provisions of the Act, including the paper publication, were made scrupulously. It was also stated that the enquiry under Section 5-A of the Act was not dispensed with and that the appellants did not avail of the said enquiry,