V SESHACHALAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner is the owner of Ac. 1. 93 cents of land in Survey No. 356 of Madhavaram Village, Thadepalligudem Mandal, West Godavari District. The District Collector, West Godavari, issued notification, dated 21. 12. 2006, under Section 4 (1) of the Land Acquisition Act (for short 'the Act'), proposing to acquire the said land, for the purpose of construction of houses to weaker sections and economically backward communities. a declaration under Section 6 of the Act was also published on the same day. Though simultaneous publication of both the notifications was resorted to, the notice under Section 5-A of the Act was issued on 17. 1. 2007.

(2.) THE Gram Sabha of the village was convened on 3. 10. 2007. It was resolved that the land in Survey No. 35/2, admeasuring Ac. 0. 93 cents, donated by one Mr. Narni Ramaiah and some other extent of vacant Grama Kantam can be utilized for house sites. The proposed beneficiaries are said to have represented that the acquisition of the land of the petitioner would not be necessary and that the donated land would be more convenient. The petitioner states that though the copy of the resolution was forwarded to the District Collector and the Land Acquisition Officer, respondents 1 and 2 herein, an award was passed on 30. 11. 2007. The petitioner seeks the relief of setting aside the proceedings, in relation to his land.

(3.) HEARD the learned Counsel for the petitioner and the learned Government Pleader for Land Acquisition.