SONTI KAMALA KUMARI Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners requesting to issue a Writ of Mandamus or any appropriate Writ or order or direction declaring the action of the respondents in issuing notice under Sections 9 (3) and 10 of the Land Acquisition Act, 1894 (for brevity, 'the Act'), without issuing a declaration under Section 6 of the said Act with respect to the land of the petitioners in a total extent of Ac.3-68 cents in R.S.no.104 of Bommuluru Village, Gudivada Mandal, Krishna District, as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to drop all further proceedings.

(2.) I have heard the submissions of Sri Ch. Dhanamjaya, learned counsel for the petitioners, and of the learned Government Pleader for Land Acquisition, appearing for the respondents. I have perused the material record.

(3.) The case of the petitioners, in brief, is this: The petitioners are the owners of the abovesaid land. They belong to BC Community. They are small farmers. Petitioners 1 to 3 are the owners of Ac.1-00, Ac.1-18 cents & Ac.1-50 cents, respectively, out of the afore-stated land. They were issued pass books separately in their names for the above said respective extents of lands. While so, the District Collector, Krishna at Machilipatnam/the 2nd respondent issued a draft notification under Section 4 (1) of the Act and the same was published in the District Gazette, on 30.08.2006, proposing to acquire the lands of the petitioners, for providing house sites to members of weaker sections of the society under Indiramma Awas programme. A notice, under Section 5A of the Act, has been issued, on 03.10.2006, and the draft declaration was also approved by the 2nd respondent and the same was published, on 07.02.2007. At that stage, the petitioners filed W.P.No.19751 of 2006. In the said Writ Petition, this Court, vide orders, dated 22.02.2007, passed in W.P.MP.No.24932 of 2006 granted an interim order. That Writ Petition along with a batch of Writ Petitions was disposed of by this Court vide common judgment, dated 28.12.2007, and the respondents herein are directed to give personal hearing to the petitioners by providing a reasonable opportunity and to consider their objections to the proposed acquisition. Thereafter, the Land Acquisition Officer - cum - Revenue Divisional Officer, Gudivada/the 3rd respondent (for brevity, 'the Land Acquisition Officer') issued a notice under Section 5A of the Act directing the petitioners to submit their objections, on 14.02.2008. The petitioners filed their objections contending as follows: