IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 17348 of 2008 Between: 1 Datla Venkata Laxmi Narasimharaju, S/o. Venkata Subbaraju, R/o. Tetagunta Post, Rajulakotturu, Tuni, East Godavari District. 2 Kakarlapudi Satyavathidevi, W/o. Sriramaraju, R/o. Tetagunta Ost, Rajulakotturu,Tuni, East Godavari District. 3 Gajji Apparao, S/o. Appanna, R/o. Tetagunta Ost, Rajulakotturu,Tuni, East Godavari District. 4 Gudum Satyanarayana, S/o. Narayanarao, R/o. Tetagunta Ost, Rajulakotturu,Tuni, East Godavari District. ..... PETITIONERS AND 1 State of Andhra Pradesh rep by Secretary to the Governemnt D/o. Irrigation, Secretariat Buildings, Saifabad, Hyderabad. 2 The Special Collector (L.A), Indirasagar Project (Polavaram) Rajahmundry,East Godavari District. 3 The Special Deputy Collector(L.A.), Inddirasagar Project (Polavaram), Left main canal, Unit-II, Yelamanchili, Visakhapatnam District. .....RESPONDENTS 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 direction, order or writ more particularly one in the nature of writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing Notiﬁcation RefB1/366/05, dated 18-06-2008 as published in Prajashkti Rajahmundry Edition dated 16-07-2008 issued by the 2nd respondent as illegal and without jurisdiction and set aside the same as it has been issued without any regard to the objections raised by the petitioners herein; the authorities and even the Vigilance Department and in violation of the fundamental and constitutional rights of the petitioners and pass Counsel for the Petitioner: MR.SIVA Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17348 of 2008 O R D E R: The land belonging to the petitioners situated in Rajulakotturu village, Tuni Mandal, East Godavari District is sought to be acquired under the provisions of Land Acquisition Act, 1894 (for short ‘the At’) for the purpose of construction of left canal of Indirasagar (Polavaram). The notiﬁcation under Section 4(1) of the Act was published on 18-06-2008. The said notiﬁcation is challenged in this writ petition on various grounds including that the proposed acquisition on the basis of the realignment of the canal is not justified. At the outset, it is to be noted that under the notiﬁcation dated 18-06-2008, the urgency clause under Section 17(4) of the Act has not been invoked and consequently, respondents are bound to conduct enquiry under Section 5-A of the Act. As a matter of fact, under the notiﬁcation, the Special Deputy Collector (Land Acquisition), Indira Sagar Project (Polavaram) LMC.II, was appointed as an authority to conduct enquiry. In the circumstances, it is always open to the petitioners to raise all their objections to the acquisition, in which event the same shall be considered and appropriate orders would be passed. Hence, the interference by this Court at this stage is unwarranted. Accordingly, the writ petition is disposed of with a direction to the respondents to conduct the enquiry under Section 5-A of the Act as proposed under the notiﬁcation dated 18-06-2008 after giving an opportunity to the petitioners to raise their objections. It is made clear that without considering the objections of the petitioners and without passing an order thereupon the respondents shall not take any further proceedings under the Act. No costs. ______________ G. ROHINI,J Date: 08-08-2008 Note: Issue C.C. in two days. B/o KLP