THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.13988 of 2007 Date: 23.02.2011 Between : Kodi S. Govindarajulu .… Petitioner and The District Collector, Nellore and others. …. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.13988 of 2007 ORDER : In this writ petition, the petitioner has challenged the draft notification in R.C.G(2) 2702/2007, dated 5.6.2007 issued by the 1st respondent-District Collector, Nellore District, under Section 4(1) of the Land Acquisition Act, 1894 (for brevity “the Act”) in proposing to acquire his land as arbitrary and illegal, since the same is being opposed to the provisions of A.P. Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006. 2. The petitioner claims to be the owner of an extent of Ac.1.80 cents of dry land in Sy.No.43/8A and 43/8B, situated in Bheemulavaripalem Village, Tada Mandal, Nellore District. It is stated that he is a small former and belongs to Backward Class community. The petitioner has challenged the impugned notification mainly on three grounds viz., (i) that he is a small farmer and his land is situated far away from Bheemulavaripalem village, which is not suitable for construction of houses; (ii) that there is more suitable Government land available adjacent to the said village; and (iii) that his land is an agricultural land and the same has not been converted into non-agricultural purpose under the provisions of A.P. Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006, and without such conversion, his land cannot be acquired for the purpose of house sites. 3. Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Land Acquisition appearing for the respondents. 4. Insofar as the contention that the land of the petitioner cannot be acquired without converting the same into non- agricultural purpose under the provisions of A.P. Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006, this Court in R. VEERA RAGHAVA PRASAD v. DISTRICT COLLECTOR, KRISHNA DISTRICT[1], has taken a view that no such conversion is required. Both the learned counsel would fairly admit this legal proposition. 5. So far as the other contentions relating to the petitioner being a small farmer and the availability of alternative Government land adjacent to Bheemulavaripalem village are concerned, these are the matters to be considered by the Land Acquisition Officer while conducting an enquiry under Section 5-A of the Act. 6. The learned Government Pleader submits that so far no such enquiry has been initiated in view of the interim order granted by this Court in W.P.M.P.No.17564 of 2007, dated 3.7.2007 staying all further proceedings pursuant to the impugned notification dated 5.6.2007, and the petitioner can, as well, file his objections whenever the enquiry under Section 5-A of the Act is conducted. 7. It is true that by virtue of the interim order granted by this Court, the Land Acquisition Officer could not proceed with the enquiry under Section 5-A of the Act. Therefore, the petitioner is at liberty to file his objections within two weeks from the date of receipt of a copy of this order. On such objections being filed, the Land Acquisition Officer would take into consideration the said objections and orders thereon shall be passed in accordance with law. 8. Subject to the above observations and direction, the writ petition is dismissed. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 23.02.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.13988 of 2007 23.02.2011 (Msr) [1] 2008 (2) ALT 136