THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No.10270 of 2006 DATED:22.06.2006 Between: Goli Sriramulu .. PETITIONER AND The District Collector, East Godavari District at Kakinada And others .. RESPONDENTS THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No.10270 of 2006 ORDER: The petitioner’s lands are sought to be acquired by the issuance of a notification, dated 05.05.2006, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Urgency clause was invoked under Section 17 (4) of the Act and the enquiry under Section 5-A of the Act was dispensed with mechanically and without due application of mind, is the complaint. The impugned notification states that the acquisition is for the purpose of allotment of house-sites for weaker sections. This requirement is not of such an emergent nature as would justify invocation of the urgency clause and dispensing with the enquiry under Section 5-A of the Act. The enquiry under Section 5-A of the Act is a salutary statutory provision intended for affording a reasonable opportunity to the owners of lands to object to the acquisition on any relevant grounds as they wish to submit. In the aforesaid circumstances, the decision in the impugned notification to invoke the urgency clause and dispensing with the enquiry under Section 5-A of the Act is declared irrational and unsustainable. The respondents are directed to issue notice to the petitioner for submission of objections, if any, to the proposal to acquire the lands. On the petitioner’s submitting his objections within the time stipulated in the notice, the same shall be considered and an appropriate decision taken duly communicating the decision to the petitioner simultaneously with the recommendations made after the enquiry under Section 5-A of the Act by the acquiring authority. The petitioner shall not be dispossessed pending communication of the decision to him consequent on the enquiry under Section 5-A of the Act. The writ petition is disposed of as above at the stage of admission, after hearing the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. There shall, however, be no order as to costs. ___________________ GODA RAGHURAM, J Dated:22.06.2006 GJ