A. SEETARAM REDDY, J.

( 1 ) WRIT Petition Noe 2340 of 1983 :- the sole but substantial question that arises in this care is whether G O. Ms. No. 472 (Revenue), dated 22-2- I 538 is mandatory and non-complience of the same whether would vitiaid the acquisition proceedings initiated under section 4 (1) of the Land Acquisition Act.

( 2 ) THE undisputed facts are :- the two petitioners heroin are the owners of Survey Numbers 129/2-B romprisirg acs. 2-76 cents and 136/3 comprisinq acs. 2-24 certs They were acquired for the labouring classes to be ass goed as house sites. Section 4 (1) notification as well as Sec. 6 Delt raction have been published and section 5/a has been dispensed with. A list of beneficiaries for whose benefit the do sees. have been acquired has not been Published along with cither 4 (1) rotifcation or any notice issued the control under section 5-A since section 5-A itself has been dispensed with The petitioners were, however, served matchs under section 9 (3) and section 10 of the Land acquisition Act.

( 3 ) IN this set of circumstances, the contentions inter alia of the petitioner are that they are small farmers as they own the extent stated ebove which is under acquisition and more importantly, there has been non compliance of the provisions made in G. O. Ms. No. 472 dated 22 2-1938 under which it is obli- patory for the respondents to give names of the members to whom the assignment of the said land is intended in the notice issued under section 4 (1) and section 5-A together with the extents proposed to be given to each. Such information of notifying the same must also be furnished while submitting the draft declaration under section 6 of the Act.

( 4 ) THE questions that have been debated are :- (1) Whether the G. O. Ms. No. 472, dated 22-2-1938 is mandatory ? (2) Even if it is, whether nan compliance thereof wouid vitiate the notification issued under section 4 of the act. Provisions relevant to the adjudication of the aforesaid contentions may be noticed :"g. O. Ma- No. 472, Revenue, dated 22ndf Fcb. , 1938 When land is required for providing house sites for members of the scheduled castes or other labouting classes or of a co-operative society,. the names of the members to whom it is intended to assign the land when acquired should be given in the notice issued under sections 4 (1) and 5-A together with the extents proposed to be given to each Information as to whether this instrcrtion has been complied with should be furnished when submitting the draft declaration under section 6. IP submiftina proposals for acquisition collectors should report whether the possibility of anv further land being renurred in the rear future for expansion or development of the project or scheme in question has been considered and whether the proposals made to provide for such contirpepces This report fs not necessary in cases of acquisition for the union Government or Railways. Section 4 (1) of the Land Acquisition act.- Whenever it appears to the appropriate Government that land in any locality (is needed.) or is likely, to be needed for any public purpose (or for a company a notificeation to that effect shall be published in the Official Gazette end the two daily newspapers circulated in that locality of which atleast one shall be in the regional language) and the Collector shall within 40 days from the date of publication of such notification cause public notice of the substance of euch notification to be given at convenient places in the said locality (the last of the dates of such publication and giving of such public notice being hereinafter referred to as the date of the publication of the notification.) 5-A. Hearing of Objections :- (1) Any person interested in any land which has been notified under Sec. 4, sub-section (1), as being needed or likely to be needed for a public purpose or for a company may (within thirty days from the date of publication of the notification) (of causing public notice under the said

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