KOTHAPALLI YANADI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners challenge the validity of notification made under Section 4(1) of the LAND ACQUISITION ACT, 1894 dated 19-6-1971 and a further notification under Section 6 of the Act dated 30-12-1971. Under the first notification it was stated that the land of the extent of eight acres in S.No. 477/2 (Ac. 5-47 cents) and S. No. 488/2-A (Ac. 2-53 cents) were required for a public purpose, viz. for providing house sites for Harijans of K.Bitragunta village. By the same notification. the enquiry under Section 5-A of the Act was dispensed with on the ground of urgency.

(2.) The case of the petitioners is that even as early as 1956, when such an acquisition was sought to be made, after full enquiry, the authorities concerned found that the lands being valuable garden and wet lands are not fit for house sites and there were other porambokes available as house sites for Harijans. Again in 1962 the Collector also came to the same conclusion and the acquisition proposals were dropped. Inspite of previous proceedings, after the panchayat elections were held in 1970, a deal was struck between the present President of the Gram Panchayat and the Harijans that in exchange for the support of Harijans during elections, he would use his political influence and secure the lands to them by acquisition. It was at his instance that this acquisition was being made. It was further contended by the petitioners that there was absolutely no urgency and the Government without forming any genuine opinion of its own about the urgency, made a direction under Section 17(4) of the Land Acquisition Act, dispensing with the provisions of Section 5-A. They further contended that S. No. 477/2 is of the extent of Ac. 5-64 cents and an extent of Ac. 5-48 cents alone is being acquired, leaving the petitioners in possession of only a well. For all the reasons it is prayed that this Court may quash the notifications under Section 4(1) and Section 6 of the Act and to direct the authorities to refrain from taking further proceedings in pursuance of the said notifications.

(3.) No counter-affidavit has been filed by the Government, even though Rule Nisi was issued on 17-2-1972. But the records have been produced, Some of the Harijans for whose benefit the land is sought to be acquired have filed a petition to implead themselves as parties to this Writ petition. That petition is hereby ordered. It is stated in the counter-affidavit filed on their behalf that the Block Development Officer, after conducting spot enquiry, submitted proposals for the acquisition of the land and accepting the proposals of the Block Development Officar, notifications were issued and hence the acquisition is valid. It is also stated that as many as 102 families of Harijans are in need of houses and they are at present dwelling in unhealthy surroundings and have become victims of all sorts of diseases for lack of sanitary facilities.