The court dismissed a writ petition challenging a notification under Section 4(1) of the Land Acquisition Act, 1894. It held that small farmer status is not a total bar and executive instructions do not override the power of eminent domain.
The writ petition is dismissed without costs.
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THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20411 of 2003
Dated:10.02.2011
Between:
Mrs.Gopisetty Sanyasamma, And others.
...Petitioners
And The District Collector, Vizianagaram, And another.
...Respondents
THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20411 of 2003
ORDER:
The three petitioners assail the notification under Section 4(1) of the Land Acquisition Act, 1894, proposing to acquire their lands in survey Nos.6-7 (Ac.0.21 cents), 6-11 (Ac.0.22 cents) and 6-12 (Ac.0.17 cents) for the purpose of providing house sites to persons belonging to weaker sections. The only plea raised by the petitioners is that they are small farmers and the acquisition proceedings are barred under the executive instructions issued by the Government.
The writ petition is opposed alleging that the land proposed for acquisition is situated at Nathavalasa Village, that the petitioners already own lands in Kota Bhogapuram, Bhogapuram and Singavaram Villages, that they are not small farmers, and in any event, as there are no suitable lands available, even if petitioners are small farmers the respondents are not precluded from proceeding with the acquisition proceedings.
The Counsel for the rival parties reiterated their position as per their pleadings. As rightly pointed out by the Government Pleader for Revenue (Land Acquisition) the plea of small farmer is not a total bar for acquiring the land. The executive instructions issued by the Government cannot in any manner whittle down the power of eminent domain for acquiring the land as per the procedure contemplated under the Land Acquisition Act.
The Writ Petition is devoid of any merit and is accordingly dismissed without costs.
_______________ (V.V.S.RAO, J)
10.02.2011 vs
2 issues framed by the court
Whether the acquisition proceedings are barred because the petitioners are small farmers under executive instructions.
Whether executive instructions whittle down the power of eminent domain under the Land Acquisition Act.
1 provisions across 1 enactments
Mrs. Gopisetty Sanyasamma
The District Collector, Vizianagaram
V.V.S.Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
