THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No.19921 of 2006 ORDER: The petitioners filed the present writ petition seeking a writ of Mandamus declaring the action of the respondents in issuing the impugned notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) and the consequential declaration under Section 6(1) of the Act proposing to acquire the subject lands, as illegal and arbitrary. The main contention urged by the petitioners opposing the subject acquisition proceedings is that the respondents have dispensed with the enquiry under Section 5-A of the Act by invoking urgency clause under Section 17(4) of the Act, though providing house sites to the weaker sections of the society does not attract urgency clause under Section 17(4) of the Act, as held by this Court. The petitioners state that the respondents have also issued notice under Sections 9(3) and 10 of the Act directing them to participate in the award enquiry and only after receipt of the said notice, they came to know about the acquisition proceedings. This Court, while issuing Rule nisi, on 25.09.2006, granted interim stay in the matter. Seeking to vacate the said interim orders, the respondents filed W.V.M.P.No.2681 of 2006 along with counter. In the counter, it is stated that pursuant to the policy decision taken by the Government to provide house sites to the weaker sections of the society under INDIRAMMA Programme, the respondents found that the land to an extent of Ac.0.51 cents situated in Survey Nos.194/1, 194/2A, 194/3A and 194/4 is suitable for providing house sites to the weaker sections in Buddivalasa Village, as there are no alternative suitable Government lands. Accordingly, in view of the urgency, enquiry under Section 5-A of the Act was dispensed with duly invoking urgency clause under Section 17(4) of the Act and the notification under Section 4(1) and the consequential declaration under Section 6 of the Act were issued. Thereupon, notices under Section 9(3) and 10 of the Act were also issued, but the petitioners did not attend the award enquiry. But, however, they submitted objections before the District Collector, Srikakulam which were rejected. Subsequently, PV proposals were also submitted and the same were even approved on 18.09.2006. At that stage, the petitioners approached this Court and in view of the stay orders granted by this Court, it is stated that the respondents could not proceed further. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents. At the outset, it is to be noted that the subject lands of the petitioners were sought to be acquired for the purpose of providing house sites to the weaker sections in Buddivalasa Village of Sarabuzzili Mandal, Srikakulam by dispending with the enquiry under Section 5-A of the Act invoking urgency clause under Section 17(4) of the Act. In similar circumstances, in Butchi Sitayamma Garu and others v. Collector, East Godavari District and another[1], where the lands were also proposed to be acquired for the purpose of providing house sites to weaker sections, this Court has categorically held that providing house sites to weaker sections is an on going policy of the State and it is not an overnight decision nor the economic plight of the people, a suddenly occurring emergency, and thus invocation of urgency and dispensing with the salutary process of enquiry under Section 5-A of the Act, in such circumstances, is arbitrary and therefore, quashed the declaration issued under Section 6 of the Act. In view of the above settled position of law, the action of the respondents in dispensing with the enquiry under Section 5-A of the Act, by invoking urgency clause, for acquisition of the subject lands for the purpose of providing house sites to the weaker sections in Buddivalasa Village cannot be sustained. In the circumstances, the impugned declaration under Section 6(1) of the Act and all the consequential proceedings are set aside. However, it is made clear that if the subject lands of the petitioners are still required to be acquired, the respondents shall conduct necessary enquiry under Section 5-A of the Act, duly issuing notice to the petitioners; consider their objections, if any, to the proposed acquisition and take necessary action thereafter in accordance with the provisions of the Act. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date:13.04.2010 VGB [1] 2008 (6) ALD (NOC 66)