DODDA NARSIMHAIAH Vs. DISTRICT COLLECTOR ANANTAPUR

JUDGEMENT

(1.) The petitioner is the owner of agricultural land admeasuring Ac.2.40 cents in Survey Nos.499-5B and 519-1B of Ratnagiri Village of Rolla Mandal, Anantapur District. The District Collector, Anantapur, the first respondent herein, issued notification, dated 28.11.1997, under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') proposing to acquire the said land. The petitioner challenges the same, stating inter alia that he is a resident of Baddi Halli Village of Karnataka State and that he has not been served with any notice, at any stage of the proceedings. He further contends that there are suitable Government lands in the Village to provide house-sites and that the present acquisition is contrary to the guidelines issued by the Government in this regard. Several other contentions are also raised.

(2.) On behalf of the respondents, a counter-affidavit is filed. It is stated that the notice issued under Section 4(1) of the Act was published in the Gazette, in the locality, and in two newspapers as provided for under the Act. It is also stated that enquiry under Section 5-A of the Act was conducted and thereafter, declaration under Section 6 of the Act was published.

(3.) According to the respondents, award enquiry was held and ultimately, an award, dated 6.5.1998, was passed determining the compensation at Rs.57,888/-. It is alleged that the petitioner refused to receive the notice issued under Section 12(2) of the Act and in that view of the matter, the compensation could not be paid. They contend that once the award has been passed, the proceedings cannot be interfered with.