VELURI NARAYAN Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This writ petition has been filed questioning the action of the respondents in acquiring the petitioners' land of an extent of Ac. 4-15 cents in S.No. 679-A situate in Tadipatri Town, Anantapur District and seeking for a writ or order directing the respondents to forbear from taking any further steps towards acquisition of the said land.

(2.) The facts leading to the filing of the writ petition are as follows : An extent of Ac. 4-15 cents in S.No. 679-A of Tadipatri town along with the adjacent land of Ac. 7-32 cents in S.No. 679-B was notified for acquisition by the Government of Andhra Pradesh for the purpose of providing 'housing scheme for employees' of Tadipatri. Notification under Sec. 4 (1) was published in the Andhra Pradesh Gazette dated 21-3-1980 and the declaration under Sec. 6 was also published. Urgency clause was invoked and the declaration under Sec. 6 was published simultaneously on the same day. It appears from the record that the acquisition has been initiated at the instance of the Andhra Pradesh Housing Board for the purpose of execution of housing scheme for the public. The acquisition was challenged by the petitioners in this Court by filing W.P. 6341/80. Though this Court by an order dated 17-12-1980 stayed further proceedings including delivery of possession, the interim stay was vacated on 17-3-1931. However, no further action was taken ostensibly on the ground that the writ petition was pending The writ petition was dismissed on 1-4-1986. Against the judgment in The writ petition, Writ Appeal No. 578/86, was filed. By judgment dated 24-6-1986, the Writ appeal was partly allowed to the extent of ordering enquiry under Sec. 5-A of the Act. It was further directed that till completion of the enquiry, status quo with respect to possession of the land shall be maintained. By necessary implication, the declaration under Sec. 6 must be deemed to have been set aside by this order.

(3.) Pursuant to the judgment in the writ appeal, notice under Sec. 5-A of the Act was issued on 18-8-1986 calling upon the petitioners to attend the enquiry. In the said notice, the date of publication of notification under Sec. 4 (1) was wrongly mentioned as 30-8-1983 instead of 31-3-1980. Taking advantage of this mistake, the petitioners asked for a copy of the Gazette in which Sec. 4 (1) notification dated 30-8-1983 was published. Of course it was not furnished to them and a communication was also sent on 8-10-1986 stating that there was an inadvertent mistake about the date. In the meanwhile, the petitioners submitted their objections on 27-8-1986 and 5-9-1986, though they did not personally attend the enquiry on 30-8-1986. It was contended by the petitioners that they were small farmers and hence their lands should not be acquired. It was also pointed out by them that there are only about 40 employees residing in and around Tadipatri Town and that most of these employees have either house sites or houses. The petitioners gave employee-wise details. It was therefore submitted that there was no need for acquisition of the land for the purpose of constructing houses for the benefit of employees. The Land Acquisition Officer (Revenue Divisional Officer, Anantapur) called for a report from the Mandal Revenue Officer to verify whether the petitioners are small farmers. The Land Acquisition Officer submitted his report under Sec. 5-A, to the District Collector on 3-11-1986 wherein he over-ruled the plea of the petitioners that they are small farmers. With regard to the other objection, the Land Acquisition Officer merely stated that it is for the Housing Board to select the eligible beneficiaries. On the basis of the report of the Land Acquisition Officer (Revenue Divisional Officer), the District Collector issued a draft declaration and the same was published in the Andhra Pradesh Gazette on 26-3-1987. Local publication was caused to be done on 24-4-1987 and the declaration was also published in the newspapers on 1-6-1987. In the writ petition it is stated that they were not aware of any declaration under Sec. 6. It may be noticed that the purpose of acquisition has been stated in the declaration under Sec. 6 as 'for the housing scheme for A.P. Housing Board' and this purpose is somewhat different from the purpose mentioned in Sec. 4 (1) notification. On 24-11-1987 notices under Secs. 9 and 10 of the Act were issued fixing the date of Award enquiry as 8-12-1987. In the said notice the purpose of acquisition has been mentioned to be 'for housing scheme for general public'. On that day i.e., 8-12-1987, the petitioners did not appear before the Land Acquisition Officer, but they filed objection petition stating that the proceedings have lapsed and the proposed acquisition is illegal. The Award was passed on 10-12-1987 and the compensation amount has been kept in Civil Court deposit. It is not known whether Sec. 12 (2) notice has been issued and served. This writ petition was filed on 14-12-1987.