N ANJANEYULU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner has filed the above writ petition assailing the notification under Section 4(1) of the Land Acquisition Act, 1984 (for short "the Act").

(2.) The case of the petitioner is that an extent of land admeasuring Ac.4.89 cts comprised in Sy.No.384 of Gundlapalli village, Maddipadu Mandal, Prakasam District said to be belonging to the petitioner is sought to be acquired under the Land Acquisition Act for the purpose of providing house-sites to backward classes. A notification under Section 4(1) of the Act was published on 15-3-1996. The same was also published in two newspapers viz., Andhra Prabha dated 20-3-1996 and Janata dated 23-3-1996. The urgency clause under Section 17(4) was invoked and enquiry under Section 5-A was dispensed with. The declaration under Section 6(1) was published in the District Gazette dated 18-3-1996. The same was also published in two newspapers viz., Andhra Prabha dated 23-3-1996 and Janata dated 20-3-1996.

(3.) The aforesaid acquisition proceedings arc assailed mainly on the ground that even before completion of the procedure under Section 4(1) of the Land Acquisition Act, the notification under Section 6 could not have been published- Making declaration is a condition precedent for exercise of the power under Section 17(4) of the Act.