TAMMA KOTI REDDY Vs. DISTRICT COLLECTOR KRISHNA

JUDGEMENT

(1.) The Collector, Krishna District, sought to acquire the lands of the petitioner for providing a burial ground for the Harijans of a village. He published notification under section 4(1) of the Land Acquisition Act on 9-2-1976 in the Krishna District Gazette. Questioning those proceedings, the petitioner has filed this writ petition.

(2.) It is submitted by the learned counsel for the petitioner that under Act No. 22 ot 1976. The Land Acquisition (Andhra Pradesh Amendment) Act, 1976; power is given to the District Collector to acquire lands only for the construction, extension or improvement of any dwelling house for the poor but not for providing burial grounds for them. I agree with his contention. Section 3 of Act 22 of 1976, reads as follows:

(3.) This Section shows that the principal Act shall have effect in relation to such acquisition subject to the modifications mentioned in the section. Therefore, it is obvious that if the purpose of acquisition of the land is not for the construction. extension or improvement of any dwelling house for the poor, the said modifications will not come into play. It is also evident from the words in the Section "in relation to such acquisition.