C VENKATAIAH Vs. DISTRICT COLLECTOR ANANTHAPUR

JUDGEMENT

(1.) This writ petition is filed assailing the action of the respondents in proposing to acquire the lands belonging to Sri Anjaneya Swamy Temple at Gotlur, Dharmavaram Mandal of Anantapur District. The petitioner states that he is an ardent devotee of the temple. According to him, there is no independent source of income, for the maintenance of the temple, and that an extent of Ac.9.45 cents in Sy.No.63, endowed to it; was being leased out after deliberations among the village elders, Trust Board members etc. He submits that the entire land belonging to the temple is sought to be acquired for the purpose of providing house sites, and no opportunity was given, either to the villagers or to the interested persons, to put forward theircontentions. It is urged that the petitioner and other devotees came to know about the notifications issued under Section 4(1) and 6 of the Land Acquisition Act (for short 'the Act') on 20-02-1996, only when they were published on 24-02-1996 and 29-2-1996 respectively.

(2.) It is alleged that an extent of Ac.20.00 belonging to Sri Chenna Kesava Swamy Temple of the same village was acquired for house sites on a previous occasion, and most of the beneficiaries have not even occupied the allotted plots. It is also pleaded that the land, which is proposed to be acquired, is at a distant place and not suitable for house sites. The petitioner raises a legal contention to the effect that dispensing with the enquiry under Section 5-A of the Act, in the instant case, is illegal on account of the factthatthe appropriate Government did not issue any directions as provided for under Section 17 (4) of the Act.

(3.) On behalf of the respondents, a counter affidavit is filed. It is pleaded that the land is needed for providing house sites to the poor, and invoking the powers under the relevant provisions of the Act, the impugned notifications were issued, and that there is no illegality. The contention of the petitioner that the plots, carved out of 20 acres of land, belonging to Sri Chenna Kesava Swamy Temple, were not occupied; is not specifically denied. It is stated that plots have been distributed out of the said land. The allegation of the petitioner that the land proposed to be acquired is situated at a distance of 2 K.Ms., is admitted. However, the contention that it is not suitable for house sites is denied. It is stated that the object in filing the writ petition is to protect the existing tenant. The respondents raised an objection as to the locus stand of the petitioner.