THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 12991 OF 2008 O R D E R: The petitioners are the owners of various extents of land situated in Doddavaram Village of Maddipadu Mandal, Prakasam District. Their lands were notiﬁed for acquisition, for the purpose of an irrigation project. The Notiﬁcation, under Section 4(1) of the Land Acquisition Act (for short “the Act”), was published on 23.5.2008, and enquiry under Section 5-A of the Act was dispensed with. Thereafter, declaration under Section 6 was published on 13.6.2008. The petitioners raised several grounds, in their challenge to the notiﬁcations. It is urged that the only remedy available to them under Section 5-A of the Act, was denied, without there being any proper basis. Respondents ﬁled counter aﬃdavit, admitting the factum of publication of notiﬁcations. Invocation of urgency clause, under Section 17(4) of the Act, is sought to be justiﬁed, on the ground that the land is immediately needed for an irrigation project. Heard the learned counsel for the petitioners and learned Government Pleader for Land Acquisition. The only remedy available to a citizen, in the context of compulsory acquisition, is the one, to make a requisition in the enquiry under Section 5-A of the Act. That limited facility can be denied, only when the acquisition cannot brook the delay of one month. It is not as if the land is needed, in the context of the river changing its course. The planning, estimation and execution of an irrigation project takes years, if not decades. Therefore, the mere invocation of urgency clause becomes untenable. On this short ground, the writ petition is allowed, and the declaration under Section 6 of the Act, dated 13.6.2008, is set aside. The respondents are directed to conduct enquiry under Section 5-A of the Act, by issuing notice to the petitioners and other eﬀected persons. There shall be no order as to costs. ____________________ 17th October 2008 PAN