V KOTESWARA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Pursuant to the notification under Section 4 (1) of the Land Acquisition Act, published in the Prakasam District Gazette dated 7th January, 1976, the lands of the petitioners situate in Vinjanampadu village were acquired for providing house sites to Harijans. One of the survey numbers acquired is 46. The 6th petitioner, Peddi Venkateswarlu, had o-74 cents of land in that survey numbed. But, his name is not mentioned in that notification. Enquiry under section 5-A of the LAND ACQUISITION ACT, 1894 (hereinafter referred to as 'the Act') had been dispensed with, in the same Gazette, notification under section 6 of the Act was also published. Even in that notification the name of the 6th petitioner is not mentioned.

(2.) In this writ petition filed by the petitioners a number of grounds have been taken questioning the acquisitions. First, it is stated that the substance of the notification was not published in the locality under Section 4 (1) of the Act. But, in the counter-affidavit it is stated that it was published in the village on 12th January, 1976. Therefore, that contention is rejected. Next it is contended that the enquiry under Section 5-A should not have been dispensed with. In this case the lands were, acquired for providing house sites to Harijans, who live in unhygienic conditions, and it cannot be said that the matter is not urgent. Consequently, I over-rule this objection.

(3.) The more substantive contention is whether the acquisition of the land of O-74 cents belonging to the 6th petitioner is not valid, because his name is not mentioned in Section 4 (I) and 6 notifications. In the counter- affidavit it is stated that the name of the 6th petitioner was, however, shown in the award proceedings. I have seen the record. Notice was not given to the 6th petitioner, under sections 9 and 10 of the Act. Award enquiry was held on 15th February, 1976 and the award was passed on 21st February, 1977. Notice of the Award was given to the persons concerned, including the 6th petitioner and he filed a petition on 30th April, 1977 stating that some other lands in the village are more suitable for the purpose. Possession of the land was taken on 31st August, 1977 and pattas were given to harijans and they were put in poswssida of the land on 1st September, 77. The Writ petition was filed on 12th September, 1977.