AIR 2005 (NOC) 77 (AP) ::2004 A I H C 3747 ::(2004) 2 LACC 604 ::(2004) 2 AndhWR 183 ::(2004) 4 AndhLD 9

Andhra Pradesh High Court

Hon'ble Judge(s): N.v. Ramana , J

(A) Land Acquisition Act (l of 1894) , S.4— Land acquisition notification - Challenge as to - Land in question belonging to Charitable and Endowments Institution - Obtaining permission of Commissioner of Endowments prior to issuance of notification under S. 4 - Not necessary. (Para 14) (B) Land Acquisition Act (l of 1894) , S.4— Land acquisition notification - Quashing of - Land in question owned by Charitable and Endowment Institution under cultivation of petitioner - Specific case of Govt. that no other alternate site was available in area for providing house sites to poor except that of institution and hence acquisition notification was issued - Petitioner being tenant in cultivation of land is interested person and can seek his share in compensation - However, he could not challenge acquisition proceedings on mere technicalities like wrong mentioning of survey number in notification etc. In the instant case, it is the specific case of the Government that there is no Government land or other alternative available in the area for the purpose of providing house sites to poor, and therefore, concerned authority identified the land belonging to Institution which admittedly is under cultivation by the petitioner. That being the case of the Government,....