PENMATSA APPALA NARASIMHA RAJU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) EXTENTS of Ac.1-72 cents in R.S.No.515/2B and Ac.1-00 in R.S.No.515/2 belonging to petitioner Nos.1 and 2, respectively, in W.P.No.1616/2012 of Yendagandi village, Undi Mandal, West Godavari District, were proposed for acquisition for providing house sites to landless poor persons under the Indiramma Housing Scheme, vide notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") by respondent No.1. Similarly, extents of Ac.1-00 in S.Nos.392/2 and 392/3 and Ac.0-70 cents in R.S.Nos.393/2 and 393/3 in the same village and belonging to petitioner Nos.1 and 2, respectively, in W.P.No.5119/2012, were also notified under the same notification and for the same purpose. The notification under Section 4(1) of the Act was published in the West Godavari Gazette on 12-11-2008, Andhra Bhoomi

(2.) TELUGU and Gopi Krishna Telugu Dailies on 19-11-2008 and the substance thereof was published in the locality on 1-12-2008. The Sub-Collector, Narsapur, has issued notices under Section 5-A of the Act on 4-12-2008. After completion of the enquiry, the draft declaration approved by respondent No.1 on 28-11-2009 was published in the West Godavari District Gazette on 30-11-2009, in the New Indian Express (English Daily) and Vasista Times Telugu Daily on 1-12-2009 and the substance thereof was published in the locality on 31-12-2009. On 11-11- 2011, award enquiry notices were issued under Sections 9(1) and 10 and 9(3) and 10 of the Act. An award was passed under Section 11(1) of the Act on 26-11-2011. As the petitioners have not come forward to receive the compensation amounts, the same were stated to have been deposited in the Court of the Senior Civil Judge, Bhimavaram, on 29-12-2011. The respondents claimed to have taken physical possession of the lands on 12-12-2011. Questioning these acquisition proceedings, the petitioners filed these Writ Petitions. Detailed counter-affidavits have been filed. The contents of these counters shall be adverted to while dealing with the contentions raised by the learned counsel for the petitioners. On behalf of the petitioners in W.P.No.5119/2012,

(3.) THE learned Government Pleader has opposed the above submissions. He has placed the entire record before the Court. Apropos the first submission of the learned counsel for the petitioners, a perusal of the impugned notification issued under Section 4(1) of the Act would show that the same was approved by the Collector, West Godavari District, vide proceedings dated 8-11-2008 and issued in her name. The notification stated that "it appears to the Government that the lands specified in the schedule is needed for a public purpose, namely, for providing house sites to weaker section people." Thus, though the notification has been issued by the Collector, the satisfaction of the State Government is recorded therein. In paragraph-6 of the counter-affidavit filed in W.P.No.5119/2012 by the Sub- Collector/Land Acquisition Officer, Narsapur Division-respondent No.2, it is inter alia averred that the powers of the State Government in respect of acquisition of lands for social welfare purposes were delegated to the District Collector. It is further averred that the District Collector has got power to issue notification under Section 4(1) of the Act and that accordingly the notification in question was issued by the District Collector. In sub-para (ix) of paragraph-6, the said averment was further reiterated qua Section 4(1) and also Section 6 of the Act. Section 4(1) of the Act was amended by the A.P. State Legislature by Amendment Act 22 of 1976, with effect from 12-9-1975. By the said amendment, the District Collector is also empowered to issue notification under Section 4(1) of the Act where it appears to him that the land in any locality is needed or is likely to be needed for acquisitions for the purpose of construction, extension or improvement of dwelling houses for the poor. This power conferred on the District Collector, is thus, concurrent with that vested in the appropriate Government.