HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.8111 of 2011 ORDER: The lands of the petitioners in Manikeswaram Village, Addanki Mandal, Prakasam District were notified for acquisition through a notification, dated 12-03-2011, published by the Government under Section 4 (1) of the Land Acquisition Act (for short ‘the Act’). The enquiry under Section 5A of the Act was dispensed with. The petitioners contend that the lands belong to other farmers which are more suitable are available and that an opportunity be given for them to make representations. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. 3. The respondents dispensed with the enquiry under Section 5A of the Act, as a matter of course. It is not as if the necessity has arisen over night. The lands are proposed to be acquired for rehabilitation of disabled persons. The fact that it is necessary to rehabilitate the persons, who are living in the land, which now came under submergence, was known, even at the time of planning the project. Having waited for such a long time, the respondents cannot dispense with the enquiry under Section 5A of the Act, which hardly takes one month. 4. Hence, the Writ Petition is allowed and the respondents are directed to conduct enquiry under Section 5A of the Land Acquisition Act. It shall be open to the petitioners to submit their representations to the proposed acquisition in the 5A enquiry. It is needless to mention that once the enquiry under Section 5A of the Act was directed to be held, the possession of the lands shall not be taken till the award is passed and compensation is paid. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. March 28, 2011. KTL