GOVERDHANA CHAKRADHARACHARI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner in W. P. No. 17684 of 1997 (for short 'the petitioner') is an archaka of Sri Sitaramaswamy Temple, Duddukuru Village, Devarapalli Mandal, West godavari District. An extent of Ac. 4. 20 cents of land in Survey No. 175 of that village was endowed to the Temple. The petitioner is said to be enjoying the usufruct of the land and rendering services to the Temple. Apprehending that the State Government would take over the land for providing house sites to weaker sections, the petitioner approached this Court by filing W. P. No. 21935 of 1995. During the pendency of the writ petition, a notification, dated 07. 12. 1995, under Section 4 (1) of the Land Acquisition Act (for short 'the Act')was issued, proposing to acquire the land. Taking note of that development, this Court dismissed the writ petition, leaving it open to the petitioner to pursue his remedies vis--vis the notification.

(2.) ACCORDINGLY, the petitioner filed W. P. No. 5872 of 1996 questioning the said notification by raising several grounds. That writ petition was disposed of on 25. 03. 1996 directing the respondents herein to conduct enquiry under Section 5-A of the Act and it was left open to the petitioner to put forward all his contentions in such enquiry. The 2nd respondent herein, who was appointed as the Land Acquisition Officer, issued a notice dated 17. 05. 1996 proposing to conduct enquiry under Section 5-A of the Act on 24. 06. 1996. The petitioner submitted his written representation dated 24. 06. 1996. Thereafter, a declaration under Section 6 of the Act came to be issued on 10. 06. 1997. The petitioner challenges the said declaration in W. P. No. 17684 of 1997 by raising several grounds. It is urged that the proceedings are vitiated by mala fides and that the enquiry under Section 5-A of the Act was reduced to an empty formality.

(3.) SOME of the proposed beneficiaries of the acquisition filed W. P. No. 19666 of 2004 complaining that though the proceedings under the Act have almost reached finality, no action has been taken to allot the plots. They seek directions to the respondents in this regard.