DAMERA SESHAGIRI RAO Vs. GOVT OF A P
LAWS(APH)-1992-2-65
HIGH COURT OF ANDHRA PRADESH
Decided on February 12,1992

DAMERA SESHAGIRI RAO Appellant
VERSUS
GOVT.OF A.P. Respondents


Referred Judgements :-

YADAIAH VS. GOVERNMENT OF A.P. [REFERRED TO]



Cited Judgements :-

BOINI DURGAIAH VS. DISTRICT COLLECTOR KARIMNAGAR [LAWS(APH)-1996-7-37] [REFERRED TO]
ANAPU GANDHI VS. LAND ACQUISITION OFFICER CUM REVENUE DIVISIONAL OFFICER RAJAHMUNDRY [LAWS(APH)-1997-9-107] [REFERRED TO]
K GANAPATHI VS. DISTRICT COLLECTOR [LAWS(APH)-2005-4-86] [REFERRED TO]


JUDGEMENT

Sardar Ali Khan, J. - (1.)This Writ Appeal is directed against the Judgment of a learned single Judge dated 3-6-1987 in W.P.No. 12734 of 1986.
(2.)To appreciate the true scope of this writ appeal it would be necessary to advert to a few facts as emerging from the affidavit filed in support of the writ petition. The petitioner is the owner of a total extend of Ac.4-12 cents of land in R.S.No. 259/1, situate at Chatrai village, Krishna District. It seems that there is a big well in the said land for irrigation of the crops. The petitioner has been raising chilly, tabacco etc., crops in the said land utilising the water from the well. The District Collector, Krishna, issued a notice under Section 4 (1) of the LAND ACQUISITION ACT, 1894, hereinafter referred to as the "Act", which was published in the Gazette on 13-2-1986. It was published in the daily news papers on 21-2-1986 and 22-2-1986. The said notification is for an extent of Ac. 4-06 cents, belonging to the petitioner, for providing house sites to the poor. In the notification published under Section 4 (1) it is stated that the Mandal Revenue Officer was authorised to conduct an enquiry under Section 5-A of the LAND ACQUISITION ACT, 1894. In view of the powers delegated to him by the District Collector, Krishna, a notice dated 17-2-1986 inviting objections from all persons interested in the said land was issued. The petitioner received the notice on 20-3-1986 and submitted a petition to the Mandal Revenue Officer on 17-4-1986 raising various objections for the acquisition of the above said land. The first and the foremost objection raised by the petitioner is based on Memo No. 928/C1/82.1 dated 8-9-1982 issued by the Government of Andhra Pradesh, Social Welfare Department, whereby coconut garden cannot be acquired for providing house sites to the poor people. The second objection raised by the petitioner was that there was no necessity to acquire his land to provide house sites to the poor because there was vacant suitable land admeasuring Ac.6-45 cents in R.S.No. 256/2, 255/1 and 256/3. The District Collector, Krishna issued a declaration under Section 6 in his proceedings Rc.No.G12.1358/85 dated 20-8-1986 which was published in Andhra Patrika daily news paper on 10-9-1986. The petitioner challenged the acquisition proceedings mainly on the ground that there is no jurisdiction or power to acquire the coconut gardens for the purpose of house sites in veiw of the memo dated 8-9-1982 issued by the State Government.
(3.)When the matter came up for hearing before the learned single Judge, after elaborate discussion he held that there is some substance in the argument advanced on bahalf of the petitioner that acquisition of Ac.4-06 cents, leaving Ac.0-06 cents out of acquisition, will cause inconvenience to the petitioner and will be detrimental to his interest. Therefore, it was directed that the Ac.0-06 cents covered by a well dug at a huge cost, shall also be acquired by the authorities. For this purpose it was directed that the proposal to acquire the said Ac.0-06 cents of land shall be initiated within three months from the date of receipt of the said order.
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