P SURAREDDY Vs. DISTRICT COLLECTOR W G DIST

JUDGEMENT

(1.) In this writ petition the petitioners challenge the notification dated 26-03-1994 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') acquiring an extent of Ac. 0.75 cts. in R.S. No. 268/4; Ac. 0.43 cts. in R.S.No. 266/3; Ac. 0.52 cts. in R.S.No. 266/4 and Ac.1.12 cts. in R.S.NO. 266/5 total Ac. 3.76 cts. situated in Kokkerapadu Village, Pedapadu Mandal, West Godavari District and interfering with the possession of the petitioners without conducting Section 5-A enquiry in accordance with the provisions of the Act as arbitrary and illegal and violative of Art. 14 of the Constitution and to drop all further proceedings including taking possession pursuant to the above notification.

(2.) It is stated that the petitioners are owners of the said land which was acquired for the purpose of providing house-sites to the weaker sections of the society by issuing notification under Section 4(1) of the Act dated 26-03-1994 invoking urgency clause under Section 17(4) of the Act dispensing with Section 5-A enquiry.

(3.) The 1st respondent without depositing the compensation amount as contemplated under the Act and without issuing declaration under Section 6 of the Act tried to interfere with the possession therefore, the petitioners filed W.P.Nos. 3571 and 3569 of 1996 which were disposed of on 20-02-1996 with a direction to conduct Section 5-A enquiry after giving an opportunity to the petitioners. The respondents without following the directions issued by the court and without conducting enquiry tried to take possession. At that time the petitioners filed W.P. No. 4388 of 2001. This court by order dated 14-03-2001 while refusing permission to withdraw the writ petition directed the Revenue Divisional Officer to receive the representation/objections filed by the petitioners pursuant to the notice issued under Section 5-A of the Act provided the petitioners filed the representation/ objections within two weeks from the date of order and consider in accordance with law. Pursuant to the directions the petitioners submitted their objections on 27-03-2001 and the respondents issued notice under Section 5-A of the Act on 29-10-2001. On such receipt of notice the petitioners again submitted their objections on 15-11-2001. But till date the same were not disposed of. It is stated that without conducting Section 5-A enquiry the respondents cannot proceed further. The respondents have not issued declaration under Section 6 of the Act. Unless the said declaration is issued the respondents cannot take possession of the property. While so, the alleged beneficiaries at the behest of the respondents damaged the standing crop, which is highly arbitrary and illegal. The petitioners are small farmers. Therefore, the Sec. 4(1) notification issued by respondents is contrary to the policy issued by the Government that lands belonging to small and marginal farmers shall not be acquired where other alternative lands are available. The petitioners being the small farmers cannot be deprived of their property. Hence, the entire notification issued under Sec. 4(1) of the Act is liable to be set aside.