UDATA VENKATESWAR RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Notification under Section 4(1) of the Land Acquisition Act, 1894, was issued on 23.12.2012 proposing to acquire land to an extent of Ac. 46.47 cents in Doramamidi Village for rehabilitation of tribals on account of Polavaram Project. Section 5A enquiry was held on 28.01.2013. Draft declaration was published on 28.04.2013. Notice was issued under Sections 9(3) and 10 of the Land Acquisition Act, 1894, on 10.06.2013. So far, no award is passed.

(2.) The petitioner is a tribal. They assail the procedure adopted by the respondent Government in acquiring the land in the notified tribal area without complying with the statutory mandate as envisaged in Section 242 (f) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short, 'the PR Act') and Section 4 (i) of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (for short, 'the PESA Act').

(3.) Learned counsel for the petitioner contends that there is violation of Section 4(i) of the PESA Act in as much as no resolution of Gram Sabha is obtained for acquiring land to an extent of Ac. 46.47 cents in this Doramamidi Village as mandated by the said provision before the acquisition proceedings were initiated. The resolution that is referred to and relied upon is the one which relates to the consent given by the Gram Sabha for the purpose of establishment of Polavaram Project and not for the purpose of rehabilitation Scheme as now intended. Therefore, on that ground, the entire acquisition proceedings are vitiated.