HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.22026 of 2006 Date : 15-6-2011 Between : Nimmala Siva Krishna Murthy .. Petitioner And The District Collector (Land Acquisition) West Godavari District, Eluru and others .. Respondents Counsel for petitioner : Sri K.V. Satyanarayana for Sri K.Chidambaram Counsel for respondents : G.P. for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a mandamus to set-aside notification dated 3-6-2006 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act"), proposing to acquire Ac.1-00 in Sy.No.177 of Agarthipalem village, Palakollu Mandal, West Godavari District for the purpose of providing house sites to weaker sections under Indiramma scheme. At the hearing, the learned counsel for the petitioner submitted that even though the petitioner has questioned the notification issued under Section 4(1) of the Act, he is limiting his prayer to setting aside the order rejecting his objections by respondent No.2, with the further prayer of directing respondent No.1 to pass appropriate fresh order on the objections filed by him on the proposed acquisition. A perusal of the record shows that the objections filed by the petitioner to the proposed acquisition were rejected by respondent No.2. Under Section 5-A of the Act, the appropriate Government is empowered to take decisions on the objections filed by the persons interested in the acquisition proceedings. Section 3-A of the Act empowers the State Government to direct that any power conferred or any duty imposed on it by the Act be exercised or discharged by the District Collector by a notification published in the A.P. Gazette. The learned Government Pleader conceded that in view of this delegation of power in favour of the District Collector, it is only he who is empowered to dispose of the objections. In the instant case, respondent No.2 has rejected the petitioner’s objections, which is contrary to the statutory scheme envisaged by the Act. For the above mentioned reasons, declaration dated 16-9-2006 issued by respondent No.1 under Section 6 of the Act is quashed. Respondent No.1 is directed to consider the objections filed by the petitioner, take appropriate decision and communicate the same to the petitioner before proceeding further with the acquisition proceedings. The Writ Petition is accordingly allowed to the extent indicated above. As a sequel, interim order dated 18-11-2006 is vacated. WPMP No.27957/2006 is dismissed and WVMP No.31/2007 is disposed of. _________________________ Justice C.V. Nagarjuna Reddy Date : 15-6-2011 AM