P. BHAKARA RAMA CHARYULU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Assailing the order of the learned single Judge of the erstwhile High Court of Andhra Pradesh at Hyderabad, in W.P.No.3597 of 2005, dated 4.8.2005, the present writ appeal came to be filed under Clause 15 of Letters Patent.

(2.) The issue involved in the writ petition is as to whether the authorities were justified in invoking Section 17(4) of the Land Acquisition Act (urgency clause) when they are in dire need of providing house sites to the persons, who are residing on the road side margins.

(3.) The above writ petition came to be filed questioning the notification issued under Section 4(1) of the Land Acquisition Act, to acquire land admeasuring Ac.3.27 cents in Sy.No.57/2 of Madiki village, Alamuru Mandal, East Godavari District. It is the case of the appellants-writ petitioners that they are archakas of the 4th respondent-Sri Kodanda Ramaswamy Vari Temple and they are eking out their livelihood by cultivating the temple land in Sy.No.57/2 of Madiki village, Alamuru Mandal, East Godavari District. Earlier, the petitioners filed W.P.No.28190 of 1995 apprehending high-handed dispossession from the temple lands, which were given to their ancestors for meeting the expenses of Nitya Dhoopa Nivedyam. The said writ petition was dismissed on 20.8.2004, challenging the same WA No.1761 of 2004 came to be filed by the petitioners, which was disposed of with a direction to the respondents therein not to disturb the possession of the petitioners over the subject land except in accordance with the procedure established by law. It was also directed that in case, there is any proposal to acquire the subject land, it would be open for the petitioners to establish their title by appearing before the competent authority and challenge the proceedings in accordance with law. Pursuant thereto, the District Collector, East Godavari, issued proceedings, acquiring the subject land by invoking urgency clause under Section 17(4) of the Land Acquisition Act and thereby dispensing with the enquiry under Section 5-A of the Act. It was pleaded in the writ petition that the lands of the 4th respondent-temple in Sy.Nos.171/A and B admeasuring Ac.19.19 cents are very much available for the proposed public purpose, and the authorities without considering the factual and legal aspects and the objections raised by them from the year 1995, proceeded with the acquisition of the subject land.