TATIREDDY CHALAMAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are challenging the validity of the land acquisition proceedings taken in respect of survey Nos. 90/2A, 90/7 and 90/5 of Nagampalli village in Podili Taluk, Prakasam District.

(2.) According to the petitioners, they are small holders and the said lands are their only source of livelihood. They are challenging the validity of the land acquisition proceedings on the following grounds: (i) no notification under section 4(1) or section 6 was published proposing to acquire the said lands; (ii) that, the substance of the notification under section 4(1) was not published in the locality, as required by law; (iii) that, the notifications under sections 4(1) and 6 were made and published simultaneously which is illegal; and (iv) thats the, petitioners are prepared to give an adjaent land, survey No. 87 instead of survey No. 90 wherein there are two wells and that, the authorities have issued the impugned notifications without considering the suitability of the said land, survey No. 87, or the offer made by the petitioners.

(3.) A counter-affidavit has been filed by the Revenue Divisional Officer, and the learned Government Pleader has also produced the relevnt record before me. The record contains both the notifications under section 4(1) and section 6 which are stated to have been published in the District Gazette on 12th January, 1977. The first objection, therefore, fails.