A NARSAMMA Vs. DISTRICT COLLECTOR ANANTHAPUR

JUDGEMENT

(1.) The petitioners claim to be the owners of land comprised in S.No.436-1 admeasuring Acs.4-46 cents situated in Hindupur village. The 1st respondent issued notification under sub-section (1) of Section 4 of the Land Acquisition Act, 1894 ('the Act' for brevity) proposing to acquire land for a public purpose for establishment of Autonagar in Hindupur. A copy of the notification was published in the local newspapers on 7.11.2001. Thereafter, a declaration was published under sub-section (1) of Section 6 of the Act on 30.3.2002. These two notifications are assailed in this Writ Petition.

(2.) It is contended that the notification issued under Section 4(1) and the declaration made under Section 6(1) of the Act by the District Collector are without jurisdiction. Secondly, it is urged that the declaration was made as if the land is being acquired for the purpose of establishment of Autonagar at Hindupur whereas the notification published in the newspapers under Section 4(1) shows that the land is proposed to be acquired for providing house sites to persons belonging to weaker sections.

(3.) In the counter-affidavit filed along with the vacate stay application, it is stated that the notification issued under Section 4(1) was for acquiring land for establishment of Autonagar. However, the newspapers committed a mistake in publishing the same by showing that the land is being acquired for providing house sites. However, it is sought to be justified on the ground that the declaration made under Section 6(1) of the Act was correctly issued proposing to acquire the land for establishment of Autonagar and, therefore, the notifications are not vitiated by any illegality.