CHENEHAMMA Vs. DISTRICT COLLECTOR NELL ORE

JUDGEMENT

(1.) Writ petition No. 5382/1978 is filed by Chintalacheruvu Chenchamma, and Writ Petition No. 5417/78 is filed by Chintbala Cheruvu Saradamba and Pinnaboyina Vatsalamma questioning the proceedings taken for acquisition of their lands in Lebur Bit II village in Nellore Taluk, Nellore district, under the Land Acquisition Act for providing house sites to the harijans of PukarUvaripalem, hamlet of Jagadcvpet (Lebur II village). Ac. 1-15 cents in survey number 753/3A belonging to Chintalacheruvu Chenchamma and Ac. 1 41 cents in Survey number 753/A-18 and Ac. 0-37 cents in survey number 755/1 belonging to Chinthalacheruvu Saradamba and Ac. 0-59 cents in survey number 753/3-A4 and 0-25 cents in survey number 755/1 belonging to Pinnaboyina Vatsalamma, total Ac. 3-77 cents, were notified for acquisition.

(2.) On coming to know that their lands were sponsored for acquisition for bouse sites to Harijans, the petitioner (Chinthalacheruvu Chenchamma) submitted a representation to the District Collector, Nellore, on 4th February, 1976 against the proposal. The Collector called for report and the Block Development Officer, Indukurpet in his D.O. letter dated 12th Februry, 1976 informed the Collector that there was no proposal to acquire her land. Accordingly, the District Collector by his endorsement dated 1st May, 1976 informed her that there was no proposol to acquire her lands. Again in the middle of 1976, she came to know that the Dis- trict Social Welfare Officer had sent a proposal afresh for acquisition of her land for provision of house sites for harijans of Jagadevpet. Once again she made a representation to the District Collector (1st respondent) on 25th June, 1976. The District Collector forwarded her representation along with the letter of the District Social Welfare Officer (Land Acquisition) Nellore (2nd respondent) 10 the Revenue Divisional Officer, Nellore with instructions to inspect the land and send up his report. The Revenue Divisional Officer, after personal inspection, informed the District Collector in his proceedings dated 16th August, 1976, that there was no immediate need for providing house titts to the harijans in the village, that in any case there was sufficient vacant space in the existing Harijanawada itself to provide house sites for another twenty families, that she has no other land except Ac. 2-12 cents, that she had installed filler points and reclaimed the land at huge cost, that the lands are 3 to 4 feet deep from the adjoining road level and unfit for human habitation, and according to the guidelines, the lands served by filter points should not be selected for acquisition and it was not desirable to lake up the land for acquisition. Thereupon, the District Collector in his proceedings dated 25th August, 1976 passed an order that the proposal for acquisition of lands was dropped and directed the District Social Welfare Officer (Land Acquisition) Nellore, not to take any further action.

(3.) Subsequently, on reciving notices under Section 9 (3) and 10 of the LAND ACQUISITION ACT, 1894 from the 2nd respondent calling upon the petitioners to appear before him on 25th November, 1978, the petitioners have filed these two writ petitions.