THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.24745 of 2006 ORDER: The petitioner filed this writ petition questioning the Notification dated 05.07.2006 vide proceedings No.R.c.G4/3078/06 issued by the first respondent- Collector, Krishna District, under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’), proposing to acquire the land of the petitioner in an extent of Ac.1.76 cents in Sy.No.17/1(P) of Elukapadu Village, Unguturu Mandal, Krishna District, for providing house sites to weaker sections. The petitioner claims to be the owner and possessor of land in an extent of Acs.1.76 cents situated in Sy.No.17/1(P) of Elukapadu Village, Ungutur Mandal. He questions the impugned notification on the grounds that the land proposed to be acquired is agricultural land and acquisition thereof for non-agricultural purpose, without converting it for such use, is contrary to law; that in earlier W.P.No.16579 of 2006 filed by the petitioner though this Court directed the respondents to conduct an enquiry under Section 5-A of the Act, the respondents failed to consider the objections raised by him, and that though an extent of Acs.5.54 cents of Government poramboke land is available in Survey No.93 of Elukapadu Village, the respondents are harassing him for acquiring the land under the guise of the power of acquisition. A detailed counter-affidavit is field by the respondents admitting that approximately two acres of Government land is available in Elukapadu Village, but not Acs.5.54 cents, as pleaded by the petitioner. It is stated that the said land is classified as cattle stand in revenue records and the same is not suitable for house sites, and that after conducting the enquiry under Section 5-A of the Act, the second respondent submitted the proposal of draft declaration under Section 6 of the Act to the first respondent and the first respondent approved the draft declaration on 18.11.2006 and the same was published in the Gazette, News Papers and Locality. At that stage, the petitioner filed this writ petition and obtained interim stay of all further proceedings pursuant to the impugned notification and, thereby, all further proceedings have been stalled. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents and perused the record. Though it is the case of the petitioner that the subject land, being agricultural land, cannot be acquired for non-agricultural purpose, without converting it for such use, the fact remains that this Court in R.V.R. Prasad v. District Collector, Krishna District at Machilipatnam[1], has categorically held that the acquisition proceedings initiated by the authorities cannot be invalidated on the ground of non-conversion of agricultural land for being used for non- agricultural purpose and thus the contention of the petitioner to the contrary fails. So far as the other contention of the petitioner that there is government land, in an extent of Acs.5.54 cents, available in the village for acquisition and though the same was brought to the notice of the respondents in the objections raised under Section 5-A of the Act, the respondents did not consider the same and no orders are passed under Section 5-A of the Act, in spite of there being specific directions by this Court in the earlier round of litigation. The respondents have taken a stand that only two acres of government land is available in the village, which is classified as cattle stand, but the same is not suitable for acquisition. Except taking this stand, and stating that the objections raised by the petitioner were considered, it is not stated in the counter-affidavit whether any orders are passed under Section 5-A of the Act, on the objections raised by the petitioner, and communicated to the petitioner. In that view of the matter, the draft declaration dated 18.11.2006 issued under Section 6 of the Act and all consequential proceedings are liable to set aside and are accordingly set aside. However, it is made clear that, if the land of petitioner is still required to be acquired, the respondents shall conduct necessary enquiry under Section 5-A of the Act, duly issuing notice to the petitioner and considering the objections, if any raised, to the proposed acquisition, and pass appropriate orders and take necessary action in accordance therewith. The writ petition is allowed to the extent indicated above. No order as to costs. N.V. RAMANA, J Date: 25.03.2010 va [1] 2008 (3) ALD 198