IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5032 of 2007 Between: 1 Manepalli Naga Brahmam, s/o Lakshmipathi, r/o Jaggaiahpeta, Krishna District. 2 Penugonda Sampath Kumar, s/o Venkatanarayana, r/o Jaggaiahpeta, krishna District. 3 Penugonda Nageswara Rao, s/o Venkata Narayana, r/o Jaggaiahpeta, krishna District. 4 Penugonda Anand Kumar, s/o Venkata Narayana, r/o Jaggaiahpeta, krishna District. 5 Yalamanchi Sowbhagyamma, w/o late Veerabhadra Rao, r/o Jaggaiahpeta, Krishna District. 6 Sreeram Vijaya Kumari, w/o late Purushotham, r/o Jaggaiahpeta, Krishna District. 7 Bojanapalli Rama Rao, s/o Bapanaiah, r/o Jaggaiahpeta, krishna District. 8 Tummepalli Venkateswara Rao, s/o late T.R.S.Prakasa Rao, r/o Jaggaiahpeta, krishna District. 9 Tummepalli Venkata Ranga Rao, s/o late T.R.S.Prakasa Rao, r/o Jaggaiahpeta, krishna District. 10 Tummepalli Surya Bhanu, s/o T.R.S.Prakasa Rao, r/o Jaggaiahpeta, Krishna District. 11 Sreeram Krishna Kishore, s/o ramakrishna, r/o Jaggaiahpeta, Krishna District. 12 Konda Kiran, s/o Bhaskar, r/o Jaggaiahpeta, krishna District. 13 Chinnam Sreeramulu, s/o Venkata Narasimham, r/o Jaggaiahpeta, Krishna District. ..... PETITIONER(S) AND 1 Prl.Secretary to the Government, Revenue Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 the District Collector, Krishna District at Machilipatnam. 3 Revenue Divisional Officer, Vijayawada, Krishna District. 4 The Jaggaiahpet Municipality, represented by its Commissioner, Jaggaiahpet, Krishna District. 5 Deputy Executive Engineer, R& B, Jaggaiahpet, Krishna District. 6 Circle Inspector of Police, Jaggaiahpet, krishna 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 of mandamus, or any other appropriate writ, order or direction, declaring the proposed action of the 2nd respondent in issuing impugned Notification Rc.No.G2/584/2007, dt.8-2-2007, published in Eenadu daily dt.10-2-2007 issued under Sec.4(1) of the Land Acquisition Act, by dispensing with the inquiry under Sec.5-A of the Act, for demolition of structures of the shops of the petitioners bearing Shop Nos.7-125(1); 7-124/1, 7-125/1; 3-409; 12-84; 12-84/1, 4-9 to 4-9/6; 3-378; 3-412; 7-116, 7-128; 7-128/1, 7-128/2; 3-453; 3-454; and 7-120; situated at Main Road, jaggaiahpet Town, krishna District as illegal, contrary to law and violative of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings including demolition of the structures of the abovementioned shops, pursuant to the impugned Notification dt.10-2-2007 and to pass such other order or orders as may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.CH.DHANAMJAYA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 5032 OF 2007 ORDER: The petitioners approached this Court and filed the present writ petition questioning the notification dated 8.2.2007 under Section 4 (1) of the Land Acquisition Act, 1894 (for short “the Act”). Heard learned counsel for the petitioner as well as the learned Government Pleader for Land Acquisition. According to the petitioners, they are residents of Jaggaiahpet Town, Krishna district and they are carrying on business in their respective premises situated on the main road i.e., Mutyala road, Jaggaiahpet. As the Government has taken up the work to widen the roads and in the process, the petitioners’ shops were also required, a notification under Section 4 (1) of the Act was issued on 8.2.2007. It is mainly contended by the learned counsel for the petitioners that the road widening is not such a public purpose where enquiry under Section 5-A of the Act is to be dispensed with. Section 17 (4) of the Act is a clause which enables the Government to dispense with the enquiry under Section 5-A of the Act where there is urgency. But as stated supra, no doubt road widening is a public purpose, but it cannot be done by invoking the clause under Section 17 (4) of the Act and dispensing with the enquiry under Section 5-A of the Act. The Supreme Court in a judgment reported in Union of India Vs. Krishan Lal Arneja [1] has clearly laid down that dispensation of enquiry under Section 5-A of the Act, as a matter of routine, cannot be done. From a perusal of the notification impugned in this writ petition it is clear that the enquiry as provided under Section 5-A of the Act is dispensed with. Hence this Court has no hesitation to come to a conclusion that the said dispensation of enquiry is bad in law. Accordingly the notification in so far as it relates to clause i.e., dispensing with enquiry under Section 5-A of the Act is set aside and the respondents, particularly the Land Acquisition Officer, are hereby directed to hold an enquiry under Section 5-A of the Act. Now that the petitioners are aware that an enquiry under Section 5-A of the Act is going to take place, they may file their objections and the Land Acquisition Officer may fix the date for hearing, put the petitioners on notice, afford an opportunity of personal hearing and then pass an appropriate orders as provided under Section 5-A of the Act. The writ petition is accordingly disposed of. No order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.29.4.2008 KR To 1 Prl.Secretary to the Government, Revenue Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The District Collector, Krishna District at Machilipatnam. 3 Revenue Divisional Officer, Vijayawada, Krishna District. 4 The Jaggaiahpet Municipality, represented by its Commissioner, Jaggaiahpet, Krishna District. 5 Deputy Executive Engineer, R& B, Jaggaiahpet, Krishna District. 6 Circle Inspector of Police, Jaggaiahpet, krishna District. 7. 2 CCs to GP for Land Acquisition 8.2CD copies Form-NIC-OGS/WP{RS} [1] AIR 2004 SC 3582