THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.22424 of 2008 ORDER: The petitioners are owners of Ac.3.22 cents of land in Sy.No.16/3B of Dorasanipadu, and Ac.1.57 cents in Sy.Nos.149/3B and 149/3C of Ch.Pothepally Villages, of Dwaraka Tirumala Mandal, West-Godavari District. The 1st respondent issued notiﬁcation dated 01-03-2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), proposing to acquire the lands of the petitioners, for the purpose of Errakalva Reservoir. Enquiry under Section 5-A of the Act was dispensed with. The petitioners plead ignorance about the publication of declaration, under Section 6 of the Act. The Special Deputy Collector (Land Acquisition), the 2nd respondent herein, issued notices under Section 12(2) of the Act, intimating them, that Award would be passed. The petitioners feel aggrieved by the action of the respondents. They complain that, publication of the notiﬁcations, as required under the provisions of the Act, are not caused, and even without there being a declaration under Section 6, an Award is being proposed to be passed. It is also stated that no award enquiry was conducted, in relation to their lands. Heard the learned counsel for the petitioners, and learned Government Pleader for Land Acquisition. On instructions, received from the respondents, the learned Government Pleader, had submitted that, the notice, under Section 12(2) of the Act, issued to the petitioners, is by mistake. With that, substantial part of the grievance of the petitioners ceases to exist. Though the petitioners state that no declaration, under Section 6 of the Act was issued, it is represented, on behalf of the respondents, that such a declaration was, in fact, issued. It is a matter of record, that an enquiry under Section 5-A was dispensed with, in the notiﬁcation under Section 4(1) of the Act. It is not as if the land is needed urgently, and that it cannot brook delay of few months, that is directed in the enquiry under Section 5-A. The only remedy available to a citizen in the enquiry under Section 5-A, cannot be taken away, in such casual manner. The planning, approval, and execution of the project takes years together. The various objections, which the owner of the land intends to take, can be eﬀectively inquired, under Section 5-A of the Act. Hence, the writ petition is partly allowed, setting aside the notiﬁcation, issued under Section 6 of the Act, in pursuance of the notiﬁcation dated 01-03-2008, issued under Section 4(1) of the Act, only in so far as it relates to the petitioners. The respondents are directed to conduct enquiry under Section 5-A, vis-à-vis the lands of the petitioners, by issuing proper notice. It shall be open to the petitioners to put forward their objections, in the enquiry under Section 5-A, and pursue their remedies thereafter, if the grievance subsists. There shall be no order as to cost. _______________________ L. NARASIMHA REDDY, J. Dt:24-10-2008. KO