IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20966 of 2008 Between: 1 Devineni Venkateswarlu S/o.Peda Subbaiah R/o. Athmakur Village, Ulavapadu Mandal, Prakasam District. 2 Devineni Venkata Ramaiah S/o.Peda Subbaiah R/o. Athmakur Village, Ulavapadu Mandal, Prakasam District. ..... PETITIONER(S) AND 1 District Collector, Prakasam District at Ongole. 2 Land Acquisition Officer-cum-Revenue Divisional Officer, Kandukur, Prakasam District. 3 Tahsildar, Ulavapadu Mandal, Prakasam District. .....RESPONDENT(S) 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in proposing to acquire the lands of petitioners covered by Survey Numbers 102/2C and 102/2D of Athmakuru Village by a declaration issued in Rc/A/No.604/07, dt. 12.9.2008 by the 2nd respondent as illegal, irregular, arbitrary, irrational, vitiated by political malaﬁdes and contrary to the provisions of Land Acquisition Act, 1894 and oﬀends articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents to drop the proposed acquisition of lands of the petitioners and to pass such other order or orders. Counsel for the Petitioners: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The petitioners are owners of land in Survey Nos. 102/2C and 102/2D of Athmakuru Village, Ulavapadu Mandal, Prakasam District. The same was notiﬁed for acquisition by the District Collector, Prakasam District, the 1st respondent herein vide notiﬁcation dated 12-08- 2008 issued under Section 4 (1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) for the purpose of providing passage from S.C Colony to Manneru River. The declaration under Section 6 of the Act was published on 12-09-2008 after dispensing with the enquiry under Section 5-A of the Act. Not being aware of the details, the petitioners got issued a notice through their advocate. Since there was no response, they approached this Court assailing the action of the respondents. Learned counsel for the petitioners submits that the purpose for which the land is proposed to be acquired cannot be treated as a public purpose under the Act. He further contends that dispensing with the enquiry under Section 5-A of the Act is totally untenable even if the proceedings are otherwise legal. Learned Government Pleader for Land Acquisition submits that the land was urgently needed to provide access to the river and the petitioners can put forward their contentions in response to notices under Sections 9 and 10 of the Act. The petitioners are not aware of the notiﬁcation under Section 4(1) of the Act. It, however, emerges that it was published on 12-08-2008 and thereafter declaration under Section 6 of the Act was published. Dispensing with notice under Section 5-A of the Act which is the only remedy available to a citizen in respect of compulsory acquisition cannot be resorted to in a mechanical manner. It becomes highly doubtful as to whether providing of passage from a colony to river can be treated as a public purpose. This assumes signiﬁcance in view of the plea raised by the petitioners that a passage exists already. This Court is of the view that the action of the respondents in dispensing with the enquiry under Section 5-A of the Act is untenable in law. Hence, the writ petition is partly allowed setting aside the declaration dated 12-09-2008 published under Section 6 of the Act in relation to the lands of the petitioners. The respondents are directed to conduct enquiry under Section 5-A of the Act and it shall be open to the petitioners to submit their objections/representations in response to the notice issued under Section 5-A of the Act. L.NARASIMHA REDDY, J 30-10-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 District Collector, Prakasam District at Ongole. 2 Land Acquisition Officer-cum-Revenue Divisional Officer, Kandukur, Prakasam District. 3 Tahsildar, Ulavapadu Mandal, Prakasam District. 4 Two CCs to the Government Pleader for Land Acquisition, High Court of Andhra Pradesh, High Court of A.P (OUT). 6 Two CD copies.