Gaigolupadu Panchayati Venukabadina Kulala, Geetha Karmikula, Sannakaru Ryotu Sangham vs The Revenue Divisional Officer (L.A.O.) and Others

B. Subhashan Reddy, J.—Challenging the acquisition of an extent of Acs.197.15 cents situated at Gaigolupadu village, belonging to the members of the petitioner-Sangham, this writ petition is filed. Objection to the acquisition is that the members of the petitioner-Sangham are small farmers and as such the lands should not be acquired. Even if the members of the petitioner-Sangham are small farmers, the said aspect may be relevant in so far as the acquisition for house-sites is concerned where the choice is more, but not for an acquisition like setting-up an Auto Nagar. For setting up an Auto Nagar, several aspects like location, congestion of traffic, pollution etc., are relevant factors and as such the choice is very less and more so in view of the necessity of large extent of land nearing 200 acres for such a public purpose. In the circumstances, I do not accept the contention advanced by Mr. Varma, the learned counsel for the petitioner, in this regard. However, there is yet another point for consideration. Admittedly, Thimmapuram Ava Tank has dried-up and it is no more a water source. The said land belongs to the Government. It is admitted in the counter-affidavit that the said land has been leased-out to the agricultural societies and small farmers societies since 1973 and a portion of the same is under encroachment by some farmers. As the members of the petitioner-sangham, who are small farmers, are eking-out their livelihood on agricultural operations of their small extents of wet lands and as they will be deprived of their lands because of the acquisition which is upheld by me, it is desirable that such of those members of the petitioner-Sangham who opt for land compensation shall be accommodated with equal extents in the land covered by Thimmapuram Ava Tank by displacing the lessees or encroachers, as the case may be. I make it clear that there is no force on the members of the petitioner-Sangham only to accept the land compensation, and the choice is left entirely to them either to have cash compensation or land compensation and their choice shall be honoured by the Land Acquisition Officer

The writ petition is disposed of accordingly. No order as to costs.