HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 1225 OF 2009 Dated: 19-10-2009 Between: G. Lakshminarayana and two others ... APPELLANTS AND The Government of Andhra Pradesh represented by its Secretary, Municipal Administration & Urban Development Authority, Secretariat, Hyderabad and three others ... RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO. 1225 OF 2009 JUDGEMENT: (per Sri Anil R. Dave, CJ) Being aggrieved by the order dated 22-06-2009 passed in Writ Petition No. 18267 of 2004, this appeal has been filed by the original petitioners who are the owners of the land, which is sought to be acquired for the purpose of having a sewerage treatment plant. 2. Urgency clause had been invoked by the respondent – authorities as there was some urgency and, therefore, enquiry under Section 5-A of the Land Acquisition Act, 1894 (for short, ‘the Act') was ordered to be dispensed with. 3. Looking to the fact that certain land measuring Acs.2.25 guntas had been deleted from the acquisition proceedings, the learned single Judge held that the deletion, to the extent of Acs.2.25 guntas, from the acquisition was bad and finally ordered that the enquiry under Section 5-A of the Act should be conducted. 4. Needless to say that the enquiry under Section 5-A of the Act is to be conducted and, therefore, it would be open to the appellants – original petitioners to contend in the said enquiry that the proposed acquisition was not called for. 5. We are sure that the objections raised by the appellants in the enquiry to be conducted would be objectively considered by the authorities. 6. The appeal is therefore partly allowed and as a sequel to disposal of the appeal, WAMP No. 2570 of 2009, filed by the appellants for interim relief, is dismissed. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 19-10-2009 ks