PONNAPATI BALAKOTI REDDY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE draft notification, dated 18.07.2008 and the draft declaration dated 20.07.2009 issued by the Collector and District Magistrate, Guntur, the 1st respondent herein, under the provisions of sub section (1) of Section 4 and Section 6 of the Land Acquisition Act, 1894 (hereinafter called the Act), are under challenge in the present writ petition filed under Article 226 of the Constitution of India.

(2.) ACCORDING to the petitioners, they are the absolute owners and possessors of small extents of agricultural wet lands situated in various sub - divisions of Sy.No.342 of Ravipadu Village, Narasaraopet Mandal, Guntur District. They are economically backward and some of them belong to Backward Castes, and exclusively dependent on agricultural income by raising paddy in the said lands. The 1st respondent -District Collector issued draft notification vide proceedings in Rc.No.2876/08/G3, dated 18.07.2008, proposing to acquire a total extent of Ac.54.08 cents of land situated in the above said survey number, for Urban Indiramma Housing Scheme. Thereafter, the 1st respondent -Collector issued draft declaration, vide proceedings Rc.2876/08.G3, dated 20.07.2009.

(3.) ASSAILING the said draft notification and draft declaration, the present writ petition came to be instituted. Initially, this Court on 15.12.2009 granted status quo, and subsequently, modified the same as an interim direction as prayed for on 28.04.2010 on a vacate application filed by the respondents. In support of the said vacate petition, a counter affidavit deposed by the 3rd respondent -Revenue Divisional Officer, Narasaraopeta, has been filed on behalf of the respondents, denying the averments made in the writ affidavit and in the direction of justifying the impugned proceedings