THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1804 of 2008 Date: 08.02.2008 Between: Smt.Ganjiwar Laxmi Bai … Petitioner AND The District Collector, Adilabad District. And others … Respondents Counsel for the petitioner: Sri P.Venugopal Counsel for respondents: A.G.P. for Land Acquisition HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1804 of 2008 ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to acquire the land of the petitioner without holding enquiry under Section 5A of the Land Acquisition Act, 1894 (for short “the Act”), as illegal and arbitrary. Heard Sri P.Venugopal, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition for respondents. The material on record shows that an extent of Ac.2.39 guntas of land comprised in Survey No.230/2 of Pippalkoti village, Tamsi Mandal of Adilabad district was proposed to be acquired. Notification dated 17.9.2007 issued under section 4(1) of the Act shows that the respondents invoked the urgency provision contained under Section 17(4) of the Act and dispensed with enquiry under Section 5A of the Act. Indubitably, Section 5A of the Act affords a valuable opportunity to the citizen to put forth his objections against the acquisition. Such an opportunity cannot be denied by the respondents while exercising the power of eminent domain unless the urgency is such that it cannot brooke the delay caused in holding enquiry. ( S e e Hindustan Petroleum Corporation Ltd., vs. Darius Shapur Chenai[1]) Considering the purpose for which the land is proposed to be acquired, namely to provide house-sites, I am of the view that invoking of urgency clause is arbitrary. For the above-mentioned reasons, notification dated 17.9.2007 to the extent it invoked the urgency clause is set aside and consequently declaration issued under Section 6 of the Act is also set aside. The respondents are directed to hold enquiry under Section 5A of the Act before seeking to proceed further with the proposed acquisition. Till the respondents complete the process in accordance with law, the petitioner shall not be disposed. The writ petition is allowed to the extent indicated above. ___________________________ C.V.NAGARJUNA REDDY,J Date:08.02.2008 mdaa [1] (2005) 7 SCC 627