IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos. : 22065 of 2004 & 4757 of 2005 WRIT PETITION NO : 22065 of 2004 Between: 1 Nidadavolu Venkata Rao S/o late Venkatasswamy R/o Satyavati Nagar 11th Ward, Tadepalligudem, West Godavari District 2 Vinnakota Satyavati D/o Late Venkataswamy 3 Nidavolu Brahmanandam D/o Late Venkataswamy ..... PETITIONERS AND 1 The District Collector, West Godavari District Eluru 2 The Revenue Divisional Officer, Eluru 3 The Mandal Revenue Officer, Tadepalligudem West Godavari District 4 The Mandal Revenue Officer, Pentapadu West Godvari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to call for records in ROC No. G.2.4525/2004, dt 15-9-2004 pertaining to the acquisition of lands and residential house situate in the locality known as in Thuduplulammathalli Karagattu area and issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus and consequently quash the notification issued under Section 4 (1) of the Land Acquisition Act, 1894 as arbitrary, discriminatory and illegal insofar as the 1st petitioner's land of 50 cents in Rs. No. 14/1 & 14/6 2nd petitioner's land of 66 cents in Rs. No. 14/5 and 53 cents in S.No. 14/1 & 14/6, and 3rd petitioner land of 22 cents in Rs. No. 15/1, of Darsiparru Village, Pentapadu Mandal, West Godavari District, are concerned. Counsel for the Petitioners:MR.S.C.RANGAPPA Counsel for the Respondents: GP FOR LAND ACQUISITION And WRIT PETITION NO : 4757 of 2005 Between: 1 Mr.G.Balusula Rao, s/o Mr.Narasimha Rao, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 2 Smt.A.Lakshmi Sesha Mani, w/o Mr.A.Jayakrishna, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 3 Mr.Y.Suryanarayana, s/o late Mr.Y.Veeranna, 18th Ward, Pathuru, Tadepalligudem, West Godavari District. 4 Smt.Y.Venkatalakshmi, w/o Mr.Y.Suryanarayana 18th Ward, Pathuru, Tadepalligudem, West Godavari District. 5 Mr.Gundumogula Balusula Rao, s/o late Mr.G.Venkata Nageswara Rao, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 6 Mr.P.Chinna Somayya, s/o Mr.P.Ganganna, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 7 Smt.A.Kanthamani Ane Srivani, w/o Mr.A.Srihari, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 8 Smt.P.Parvathi, w/o Mr.P.Nageswara Rao, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 9 Smt.P.Venkatalakshmi, w/o Mr.P.Radha Krishna 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 10 Smt.S.Polamma, w/o Mr.S.Seshagiri Rao, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 11 Smt.P.Subbarajyalakshmi, w/o Mr.P.Venkateswara Rao, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 12 Mr.Tadepalli Chandra Rao, s/o late Mr.T.Somanna, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. 13 Mr.P.Balusula Rao, s/o Mr.P.Rama Rao, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District 14 Mr.P.Radha Krishna, s/o Mr.Venkatratnam, 21st Ward, Juvvalapalem, Tadepalligudem, West Godavari District. ..... PETITIONERS AND 1 The Collector, West Godavari District, Eluru. 2 The Municipal Corporation, rep., by its Municipal Commissioner, Tadepalligudem, W.G.District. 3 Revenue Divisional Officer, Eluru, West Godavari District. 4 The Mandal Revenue Officer, Tadepalligudem, West Godavari District. 5 The Mandal Revenue Officer, Pentapadu Mandal, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other writ, order or direction declaring the Notification No.ROC.G.2.4525/2004 dated 15-09-2004 which was published on 5-10-2004 and the notification under Section 6 of L.A.Act dated 18-10-2004 and calling for records relating to the Notification No.ROC.G.2.4525/2004 dated 15-09-2004, published on 5-10-2004 and the notification under Section 6 dated 18-10-2004 as illegal, arbitrary, contrary to the provisions of Land Acquisition Act and set aside/quash the same and pass such other orders as may be just. Counsel for the Petitioners:MRS.P.V.V.B.RAJESWARI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION Nos. 22065 of 2004 & 4757 of 2005 COMMON ORDER: These two writ petitions challenge the notification dated 15.9.2004 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) and the draft declaration dated 18.10.2004 under Section 6 of the Act. The acquisition is for the construction of a summer storage tank in Tadepalligudem and Pentapadu Mandals in West Godavari District. Very casually, urgency clause under Section 17(4) of the Act was invoked and the salutary process of enquiry under Section 5-A was dispensed with. A similar challenge was presented in Writ Petition 24574 of 2004, which was disposed of by this Court on 8.3.2008 declaring the invocation of urgency clause and dispensing with the enquiry under Section 5-A of the Act to be arbitrary and perverse. The said writ petition was allowed invalidating the draft declaration under Section 6 of the Act in so far as it pertained to the petitioners therein. For reasons alike, as recorded in the judgment in the Writ Petition No. 24574 of 2004, dated 8.3.2008, the draft declaration under 6 of the Act is quashed. The respondents are directed to issue notice to the petitioners and conduct an enquiry under Section 5 of the Act, after receiving objections from the land owners and other persons interested, if any. The petitioners shall not be dispossessed till the passing of an award, if the State pursues the acquisition process. The writ petitions are disposed of as above. No costs. ____________________ GODA RAGHURAM,J DATE: 5th February, 2009 pnb