PADALA DHARMA RAO Vs. DISTRICT COLLECTOR GUNTUR

JUDGEMENT

(1.) This writ petition is filed seeking a direction to the respondents to refrain from acquiring the petitioner's land in S.Nos.46/2 and 46/3 of Tsundur Village and Mandal, Guntur District by declaring the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short "The Act") proposing to acquire the petitioner's land of Ac.0.60 cents in S.No.46/ 2 and Ac.0.29 cents in S.No.46/3 of Tsundur Village and Mandal, Guntur District, published in Guntur District Gazette (Extraordinary) dated 1.2.1992 as illegal, null and void.

(2.) The main grievance of the petitioner is that he is the owner of the land measuring Ac. 1.20 cents in S.Nos.46/2 and 46/3 to a total extent of being Ac. 1.10 cents of Tsundur Village. He has been using the said land for agricultural purposes. While so, the first respondent herein issued a notification dated 1.2.1992 proposing to acquire Ac.2.00 of land in S.No.46/1, 2 and 3 of Tsunduru Village to be used for burial ground to Tsundur Harijans, belonging to the petitioner and one Padala Satyanaraya. The notification was published in a local newspaper on 8.2.1992 to the effect that an extent of Ac.0.28 cents and Ac.0.29 cents in S.No.46/2 and in S.No.46/3 respectively, is proposed to acquire. Immediately the petitioner got issued a legal notice on 15.2.1992 to the respondents by raising his objections. The petitioner appeared before the 2nd respondent in pursuant to the notice dated 24.2.1992 under Section 5-A of the Act issued by him and placed his objections.

(3.) This Court while admitting the writ petition on 21.7.1992 granted interim stay of dispossession pending further orders.