TANDIT VANAMULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in this writ petition question the acquisition of their lands by the Government for providing house sites to Harijans. The petitioners claim to be poor Harijans. They own very small extents of land. The total extent of 3 acres 64 cents belonging to them has been acquired by the Collector for providing house sites to the Harijans;

(2.) The acquisition is questioned on the following two grounds: first, about 25 years back some other lands in the same survey number for the same purpose were acquired and possession of those lands was also taken. But due to factions in the village the lands of the petitioners are now acquired. In the counter affidavit filed on behalf of the respondents, this allegation is not specifically denied but it is stated that no suitable Government land is available for provision of house sites to the Harijans in the vicinity of the exist'ng Harijan Cheri. Inaway this is a question of fact and even if this allegation is true, it will not invalidate the acquisition. Secondly it is submitted that the acquisition proceedings have been taken with out complying with the provis'ons of the circular dated 20th April, 1974 issued by the District Collector. It says that certain information and documents should be sent by the Block Development Officers, while sending proposals for acquisition. Particular referenceis drawn to clause 10 of the circular which reads: "Whether the means of livelihood of the land owner will be affected if the land is acquired."

(3.) The circular is not issued under the provision of the Land Acquisition Act. It has no statutory force. It only embodies some administrative instructions for the guidance of the Officers while making proposals for acquisition of land for providing house sites to Harijans. Therefore, the fact that some of the provisions of the circular are contravened, does not mean that the acquisition proceedings become void. So this contention is negatived.