THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.7638 of 2011 ORDER: The petitioners are owners of land admeasuring Acs.49.61 cents situated in survey Nos.174, 175, 188, 176 and 177 of Mannikeswaram Village, Addanki Mandal, Prakasam District. Through a notification, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) published on 14.03.2011, the respondents proposed to acquire the said land for the purpose of providing house sites to the displaced persons under an Irrigation Project. The petitioners contend that just two days before the impugned notification, the respondents published another notification proposing to acquire Acs.63.48 acres of land and that would be more than sufficient to accommodate the displaced persons in the locality. The petitioners further complain that the respondents have dispensed with the enquiry under Section 5-A of the Act. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition. It may be true that the displaced persons are to be accommodated properly. However, the necessity has not arisen overnight. The only remedy provided for the affected persons, namely an enquiry under Section 5-A of the Act, cannot be dispensed with in a routine manner. The plea of the petitioners that the land admeasuring Acs.63.48 cents notified on 12.03.2011 would be sufficient to accommodate the displaced persons, needs to the considered. That would be possible, if only an enquiry under section 5-A of the Act is conducted. Hence, the writ petition is partly allowed, directing that the respondents shall conduct enquiry under Section 5-A of the Act, duly giving notices to the petitioners with reference to the impugned notification. Further steps shall not be taken till the enquiry is conducted. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.23.03.2011. Note: Issue operative portion of the order by wire at party’s costs. (B/o) GJ