THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.5854 of 2007 ORDER: The District Collector, West Godavari published a notification dated 11.02.2007 under Section 4(1) of the Land Acquisition Act (for short ‘the Act’), proposing to acquire Ac.3.00 of land in Survey Nos.359/1 and 2 of Dippakayalapadu Village, Koyyalagudem Mandal, West Godavari District, for the purpose of providing house sites to the poor. The petitioners are the owners of the said land. The enquiry under Section 5-A of the Act is dispensed with. The petitioners raised several contentions in their challenge to the notification. The 3rd respondent filed a counter affidavit explaining the circumstances, under which the enquiry under Section 5-A of the Act had to be dispensed with. He also touched the merits of the matter. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The only remedy available to a citizen against compulsory acquisition of land under the Act is an enquiry under Section 5-A of the Act. The Legislature has provided sufficient safeguards in the enquiry under that provision. The objections need to be considered by the Collector and a report has to be submitted to the appropriate Government. It is only when the appropriate Government finds that the acquisition can be proceeded with, that further steps can be taken. The emergency power provided for under Section 17(4) of the Act has to be used sparingly, that too when acquisition cannot brook the time, that is needed for enquiry under Section 5-A of the Act. It is not as if the necessity to provide house sites has arisen overnight. In a catenae of decisions, this Court and the Supreme Court held that enquiry under Section 5-A of the Act cannot be dispensed with in the matter of acquisition of lands for house sites. In the instant case, the declaration under Section 6 of the Act is yet to be published. Hence, the writ petition is partly allowed setting aside the clause in the impugned notification, through which the enquiry under Section 5-A of the Act is dispensed with. It is directed that the respondents shall hold enquiry under Section 5-A of the Act duly giving opportunity to the petitioners and take further steps in accordance with law. There shall be no order as to costs. __________ 04.06.2010 JSU THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.5854 of 2007 Date: 04.06.2010 JSU