BOINI DURGAIAH Vs. DISTRICT COLLECTOR KARIMNAGAR

JUDGEMENT

(1.) This writ petition is filed to declare the notification issued under Section 4(1) of the Land Acquisition Act, hereinafter referred to as 'the Act', published in the District Gazette on 5-5-1988 in respect of the lands of the petitioners in S.No.107/B and 108/B of Gunukulkondapur village, as illegal, null and void and without jurisdiction.

(2.) The brief facts of the case are that the petitioners are Harijans and purchased the lands in question from the original owners under registered sale deeds, that the lands are irrigated by the well water, that the petitioners are small farmers and have no other lands except the lands in question, that vacant Government lands are available for acquisition, that the market value of the lands in question is at Rs. 1,20,000/- per acre, that earlier when the writ petitioners filed Writ Petition No. 11747 of 1986 relating to acquisition of same lands this Court quashed the notification under Section 4(1) of the Act and that the present acquisition proceedings are vitiated as the notification under Section 4(1) of the Act is not published in two daily newspapers.

(3.) Counter affidavit is filed by the Land Acquisition Officer stating that the petitioners purchased the lands in question from the original owner and got them registered in their names in 1982 and whereas the acquisition proceedings were initiated originally in 1981. The original owner sold the lands in question after initiation of the acquisition proceedings and so the plea that the petitioners are small farmers and are Harijans and their lands cannot be acquired is not tenable. After quashing of the notification under Section 4(1) of the Act in Writ Petition No. 11747 of 1986, enquiry under Section 5-A of the Act was conducted and the objections were considered and the declaration under Section 6 of the Act was published on 15-7-1986. The possession of the land in S.No.108/B was handed over to the beneficiaries and house site pattas were also granted. It is also stated that no Government land is available for acquisition. This Court allowed Writ Petition No. 11747 of 1986 and held that if fresh notification is not published within two months from the date of receipt of that order, the beneficiaries have no manner of right and if they are in possession they have to handover the same. The acquisition cannot be said to be bad because the petitioners purchased the lands in question after- initiation of acquisition proceedings and that mandatory procedure required under the Act is followed.