D RAMA DEVI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS Writ Petition is filed for a Writ of Mandamus to set aside notification dated 22-1-2004 issued under Section 4 (1) of the Land Acquisition act, 1894 (for short "the 1894 Act") by respondent No. 1 to the extent of Ac. 0. 24 cents comprised in Survey No. 289/2 of Vatluru village, Peddapadu Mandal, West godavari District.

(2.) THE petitioners claimed to be the owners of the above mentioned land as having succeeded to the said property under gift deed dated 8-2-2001 executed by the original owner of the property, by name, Sri Nageswara Rao. In her affidavit, petitioner No. 1 stated that the said Nageswara Rao was the owner of ac. 4. 00 cents of agricultural land having purchased the same in the year 1972 and that he gave away most of the said land to the Andhra Pradesh Housing Board (for short "the Board") in the year 1994 and gifted the remaining land of ac. 0. 24 cents to the petitioners. She stated that the purpose mentioned in the notification, viz. , construction of houses by the Board and selling them to general public, cannot be termed as public purpose as no State interest or public interest is involved therein. It is also averred that already sufficient land was given by the original owner-Sri Nageswara Rao to the Board and only a small piece of land, which was gifted to the petitioners, is remaining and that they do not have any house sites or other piece of land except the land in question.

(3.) IN the counter-affidavit filed by the Vice-Chairman and Housing Commissioner of the Board, who was impleaded as respondent No. 3, it is, inter alia, stated that after respondent No. 3 sent land plan schedules to the Mandal Revenue officer, the latter inspected the land admeasuring Ac. 3. 28 cents in r. S. Nos. 289/2b, 293/2a, 291/1,297/4,297/5 and 300/3 on 7-3-2003 and submitted proposals for acquisition of the said land as they are situated very near to the village and adjacent to the left side of Eluru Canal, leading from Vijayawada to eluru; that the land of Ac. 0. 24 cents is situated in R. S. No. 289/b; that the board has already acquired the land on the other side i. e. , opposite side of the land proposed for acquisition; and that necessary notification and declaration were issued for acquiring the said lands by dispensing with enquiry under section 5-A of the Act. It is further stated that in view of filing of this Writ petition relating to Ac. 0. 24 cents, valuation proposals were submitted to the district Collector, West Godavari District for the remaining extent of land. While denying the allegation of the petitioner that the purpose mentioned in the notification is not a public purpose, he stated that the Board was constituted under the A. P. Housing Board Act, 1956 (for short "the 1956 Act") for the purpose of taking such measures, making such schemes and carrying out such works as are necessary for the purpose of dealing with and satisfying the need for housing accommodation; that under Section 40 (2) of the 1956 Act the Board may take steps for compulsory acquisition of any land or any interest therein required for execution of a Housing scheme in the manner provided under the 1894 act as modified by the 1956 Act; and that acquisition of any land for the purpose of 1956 Act shall be deemed to be for a "public purpose" within the meaning of the 1894 Act. He also justified the action of invocation of urgency clause by placing reliance on Clause (5) of sub-Section (2) of Section 17 of the 1894 Act. It is further submitted that the Board was established to provide housing accommodation to the persons in need of the same and that it was not established for the purpose of making profits.