P.VENKAIAH Vs. DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT

JUDGEMENT

(1.) This Writ Petition, filed under Article 226 of the Constitution of India, assails the draft notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called as 'the Act'), dated 05.08.2009, proceedings R.C.No.1182/2009-C, dated 13.11.2009 issued by the second respondent under Section 5(A) of the Act and draft declaration under Section 6 of the Act, dated 15.05.2010.

(2.) Heard Sri K.V.Subrahmanya Narusu, learned counsel for the petitioners and the learned Government Pleader for Land Acquisition for the respondents.

(3.) According to the petitioners, the first petitioner owns an extent of Ac.2.95 cents, the second petitioner owns an extent of Ac.0.70 cents and the third petitioner owns an extent of Ac.1.02 cents in Survey Nos.125/C, 125/C and 116/C2 of Obulesunipalli Village, Durgi Mandal, Guntur District. The first respondent- District Collector, Guntur, issued a draft notification under Section 4(1) of the Act vide proceeding Rc.No.2373/09-G3, dated 02.08.2009 proposing to acquire a total extent of Ac.17.77 cents, which includes the above mentioned lands of the petitioners herein, for the purpose of providing house sites to SCs, STs, BCs, OCs etc. The said notification was published in the District Gazette on 05.08.2009. The petitioners herein filed their objections under Section 5-A of the Act. The District Collector, Guntur vide endorsement Rc.No.2373/2009-G3, dated 14.05.2010, rejected the said objections stating that the acquisition of the land is essential. Subsequently, the District Collector vide Rc.No.2373/2009-G3 dated 14.05.2010 issued a draft declaration under Section 6 of the Act and the same was published in the District Gazette on 15.05.2010.