P PUNNAIAH Vs. DISTRICT COLLECTOR KAKINADA

JUDGEMENT

(1.) The lands of the petitioners are sought to be acquired for providing house sites for the poor. Notification under S. 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in the East Godavari District Gazette dated 4th July, 1980. Under sub-sec. (4) of S. 17 of the Act, enquiry under S. 5-a was dispensed with in view of the urgency of the case, Questioning those proceedings the petitioners have filed this writ petition.

(2.) First, it is submitted by the learned counsel for the petitioners that the substance of the notification under Section 4 (1) was not published in the village. In the counter-affidavit is stated that the substance of the notification was published in the village by beat of tom tom on 13th July, 1980. Therefore, this objection is overruled.

(3.) Next, it is submitted that there is a coconut garden and also dwelling houses belonging to the petitioners in the land and, therefore, they are not waste or arable lands and consequently, enquiry under S. 5-a of the Act could not be dispensed with under sub-section (4) of S. 17 of the Act. In the counter-affidavit filed by the respondents it is stated that the cattle shed and the residential houses in the lands belonging to the petitioner No. 3 (P. Nageswara Rao) and petitioner No. 4 (P. V. Narasimham have been excluded from the acquisition. Here it may be noted that 0-87 cents belonging to the 3rd petitioner and 0-84 cents belonging to the 4th petitioner are being acquired. It is admitted that there are coconut gardens in the lands. From the record I find that the lands in question were inspected by the Land Acquisition Officer and they were notified, for the form a compact block adjacent to the village, school and road and quite convenient for construction of houses without levelling. It is stated that there are no other suitable lands convenient for construction of houses.