GAYAM RAMACHANDRA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The proceedings taken to acquire the lands of the petitioners for providing house sites for the Harijans are questioned in this writ petition. A composite notification was published in Nalgonda District Gazette dated 10th September, 1976 first giving the notification under section 4 (1) of the Land Acquisition Act and next the declaration under section 6 of the Act. Enquiry under section 5-A was dispensed v .der section 17 (4) of the Act. The substance of the notification under section 4 (1) was published in the village on 15th September, 1976.

(2.) The acquisition proceedings are impeached on the ground that the notification under section 4 (1) and the declaration under section 6 are made simultaneously and are published under one composite notification in the same Gazette and it is illegal.

(3.) The learned Government Pleader has placed the record before me. It shows that the decision to make the notification under section 4 (1) was taken separately from the decision to make the declaration under section 6. Therefore, it is not correct to state that both the decisions were taken simultaneously. It is true that in the Gazette the notification under section 4 (1) and the declaration under section 6 were published as one notification but not as two notifications.