HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.17148 of 2009 Date: 19th August, 2009 Between :- Kolla Nageshwar Rao .. Petitioner And The District Collector, Krishna at Machilipatnam & another .. Respondents HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.17148 of 2009 ORDER:- The matter is coming up for admission. 2. The learned A.G.P. for Land Acquisition had placed written instructions before this Court. 3. The writ petition is filed for a Writ of Mandamus declaring the action of the respondents in proceeding with the land acquisition proceedings without giving notice under Section 5-A of the Land Acquisition Act and without giving opportunity to file objections under Section 5-A of the Land Acquisition Act in respect of 0.90 cents of land in Sy.No.33/2 of Gopinenipalem village of Vatsavai Mandal, Krishna District as arbitrary, illegal, mala fide, intentional and contrary to the Act and consequently set aside the entire proceedings taken out by the respondents in respect of petitioner’s land as illegal in the interest of justice and pass such other suitable orders. 4. It is stated that the petitioner is the owner and possessor of Ac.0- 90 cents of land in Sy.No.33/2 of Gopinenipalem village. It is also stated that as per the Indiramma Programme, the respondents have to concentrate first on the Government land and in the absence of the availability of the Government lands, then only private lands can be acquired for the said purpose. It is also stated that enquiry under Section 5-A of the Land Acquisition Act is mandatory. The petitioner never received any notice under Section 5-A requiring him to file objections for the proposed land acquisition. It is also stated that no enquiry under Section 5-A was conducted. In such circumstances, the writ petitioner had filed the present writ petition. It is also stated that the petitioner is an uneducated man and he does not know English. Several further facts had been narrated in paras 2, 3, 4, 5 and 6 of the affidavit filed in support of the writ petition. 5. The written instructions had been placed before this Court wherein it is stated that the Collector, Krishna District wherein it is stated that the Collector, Krishna District approved the Draft Notification under Section 4(1) of the Land Acquisition Act for an extent of Ac.0.90 cents in R.S.No.33/2 of Gopinenipalem village,Vatasavai Mandal, for providing house sites to the weaker Sections of the village under Indiramma Programme Phase 3 and the same was published as follows: Notification Gazette No. & Date 1st Paper 2nd Paper Locality Draft Notification U/s.4(1) 06/2009 05-01-2009 Andhra Prabha dt.17-1-2009 The Hindu Dt.17-1-2009 24-1-2009 Accordingly, Form-3 Notices were issued to the landowner/interested persons to attend enquiry U/s.5-A of Land Acquisition Act on 25-2- 2009. At the time of u51 enquiry Sri Kolla Nageswara Rao, S/o.Ramaiah has attended the enquiry and rejected to give his land for the said purpose, no objection has been filed. The land holder has signed on Written Statement before the LAO & then Sub-Collector, Vijayawada, stating that he is not willing to part with his land. When enquired about the reasons for rejection he did not comment any reason. The Tahsildar reported that he is big farmer and is having Ac.26.93 cents including proposed land in Vatsavai Mandal. The Draft Declaration was approved by the Collector, Krishna District and the same was published as follows: Notification Gazette No. & Date 1st Paper 2nd Paper LOcality Draft Declaration U/s.6 49/2009, 18-6-2009 Eenadu Dt.30-6-2009 Andhra Byhoomi Dt.30-6-2009 06-7-2009 Award Enquiry Notices in Form-6 under Section 9(1) and 10 and Form-7 under Section 9(3) and 10 of the Land Acquisition Act were published in the locality and served on the land holder respectively calling the land holder / interested persons to appear before the Land Acquisition Officer & Sub-Collector(FAC), Vijayawada, on 25-7-2009, to prove the title over the land. Sri Kolla Nageswara Rao, land holder in this Land Acquisition Case, has appeared before the Land Acquisition Officer & Sub-Collector (FAC), Vijayawada, and stated in writing that he is willing to give his land only if he is paid Rs.8,00,000/- per acre as land compensation. Market value proposals in this case will be shortly submitted to the Collector, Krishna, for fixing of Market Value. 6. It is no doubt specified in the written instructions that the writ petitioner had attended the Enquiry and rejected to give his land for the said purpose and further specified that no objections had been filed. In the light of the facts and circumstances and also in the light of the nature of the averments made in the affidavit filed in support of the writ petition, this Court is of the considered opinion that the writ petition be disposed of directing the respondents to give opportunity to the writ petitioner to file objections in relation to Section 5-A Enquiry of the Act within a period of two weeks from today and let the 2nd respondent consider such objections and pass appropriate orders in relation to such objections which may be raised by the petitioner and till the objections are considered and an appropriate order is passed, status quo as on today to be maintained. 7. The writ petition is disposed of accordingly. No order as to costs. ____________________ Justice P.S.Narayana 19th August, 2009 NOTE: Issue order copy today. (B/o.smr)