PENMETSA VENKATA SATYA APPALA VISWESWARA DURGA SATYA SUBRAMANIYA VARMA Vs. SECRETARY TO GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) All these writ petitions are filed assailing the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (the Act, for brevity) and the declaration issued under Section 6(1) of the Act by the District Collector, West Godavari District. As the common question of law falls for consideration, all the writ petitions were taken up for hearing and disposal, having regard to the submissions made across the Bar. Therefore, it is expedient to dispose of these writ petitions by common order.

(2.) The District Collector, West Godavari District, issued notifications under Section 4(1) of the Act during May-July 2006 proposing to acquire the land belonging to the petitioners for a public purpose to wit, for providing house sites to weaker sections under Integrated Novel Development In Rural and Model Municipal Areas (INDIRAMMA) scheme or otherwise. The Revenue Divisional Officer (R.D.O) concerned was authorized under Section 3(c) of the Act to conduct enquiry under Section 5-A of the Act. Accordingly some of the petitioners filed detailed objections and some of the petitioners allegedly sent the objections through their representatives. Be that as it is, these objections ranged from the question whether there is an alternative land available in the place where there is a need for provision of house sites in the Village and whether the petitioners or some of them are small farmers etc. The R.D.O allegedly conducted enquiry and by different endorsements, (which are also impugned in the writ petitions), informed the petitioners that their objections are rejected. As a consequence thereof, the District Collector, West Godavari District, issued declarations under Section 6(1) of the Act, which are also incidentally assailed.

(3.) Learned Counsel for the petitioners inter alia contend that under Section 5-A of the Act as applicable to State of Andhra Pradesh, even if the R.D.O is conferred with the power to conduct enquiry, while considering the objections made by the owners of the land, no power vests in the R.D.O to reject the objections. According to the learned Counsel, the R.D.O can only send a report to the competent Authority - be it the appropriate Government or the District Collector; who alone is entitled to take appropriate decision before issuing the declaration under Section 6(1) of the Act.