IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 23411 of 1996 Between: 1 POTNUR SOMULAMMA W/O APPANNA S.KOTTA MANDAL VIZIANAGARAM 2 GOKADA RAMUNAIDU S/O AKKUNAIDU S.KOTTA MANDAL VIZIANAGARAM 3 GOKADA AKKUNAID S/O BAPU NAIDU S.KOTTA MANDAL VIZIANAGARAM 4 SMT.DEVATHALA UBHARDRAMMA W/O NARASIMHULU S.KOTTA MANDAL VIZIANAGARAM 5 KARDIPALI APPANNA S/O PENTAYYA S.KOTTA MANDAL VIZIANAGARAM ..... PETITIONER(S) AND 1 THE DISTRICT COLLECTER VIZIANAGRAM 2 THE LAND ACQUISTION OFFICER-CUM-R.D.O. VIZIANAGRAM .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to TO ISSUE WRIT OR DIRECTION MORE PARTICULARLY ONE IN NATURE OF WRIT OF MANDAMUS DECLARING THE NOTIFICATION U/SEC.4(1)OF LAND ACQUISITION ACT PUBLISHED VIZIANAGRAM DISTRICT GAZETTEE DT.13-5-94 SO FOR AS PETITIONERS LAND IN S.NO.84/9,84/7,85/22,84/11,84/8,OF EXTENT OF 0.23,0.10,0.74,0.24,0.17.0.08 CENTS KOTTUPUR VILLAGE IN S.KOTA MANDAL VIZIANAGRAM DIST.,AS ILLEGAL AND VOID AND PASS. Counsel for the Petitioner:MRS.AKELLAPADMAVATHY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Oral order: Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The petitioners challenges the notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) published in the Gazette on 13-5-1994 proposing acquisition of their lands in Kottupur Village, S.Kota Mandal, Vizianagaram District. The draft notification under Section 4(1) of the Act was issued proposing acquisition of the lands of several petitioners for the purpose of construction of houses to weaker sections. Earlier a notification under Section 4(1) of the Act was issued on 18-8-1986. The petitioners filed W.P.No.2412 of 1986 assailing the acquisition on the ground that the petitioners are all small farmers and that the acquisition of their lands was being made at the instance of the landlords. However the writ petition was allowed by an order dated 11-3-1987 on the short ground that an enquiry under Section 5-A of the Act should be held but was not. Thereafter no further steps towards the acquisition appear to have been taken and the earlier acquisition proposals of 1986 lapsed. A fresh notification under Section 4(1) of the Act was issued on 13-5-1994, which is in challenge in this writ petition. The petitioners again assert that since they are small farmers, their lands cannot be acquired. This contention per se has no legal foundation. The Land Acquisition Act is a compulsorily purchase Act and does not enact any bar regarding acquisition of small holdings. In the aforesaid analysis, the writ petition is misconceived and is accordingly dismissed. There shall be no order as to costs. __________________________ GODA RAGHURAM, J 3rd April, 2008 GRR To 1.2CCs to 2.2CD copies