IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4048 of 2008 Between: 1 Lakshmikanta Padi S/o.Bhageeradhi Padi R/o.Srimukhalingam(V) Jalamuru(M) Srikakulam Dist 2 Tammannagari Kiran Kumar S/o.Ramakoteswara Rao, R/o.Srimukhalingam(V) Jalamuru(M) Srikakulam Dist 3 Janardhana Padi, S/o.Jagabandhu Padi R/o.Srimukhalingam(V) Jalamuru(M) Srikakulam Dist ..... PETITIONERS AND 1 The Dist Collector Srikakulam Dist 2 The Sub-Collector Tekkali,Srikakulam Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ order or direction declaring the proceedings Rc.No.583/2007 SWLA dt.08-01-2008 and the Draft Notification issued under Section 4(1) of the Land Acquisition Act,1897 as published in A.P Gazette part- I Extraordinary dt.23-01-2008 proposing to acquire the lands of the petitioners Ac.08-cents in Survey No 32/2C, Ac.0-30 cents in S.No.32/E,Ac.0.33 cents in Sy.No.36/5B Ac.1-05vcents in SY.No.36/6b Ac.0-30 cents in Survey No.32/2D and Ac.0-30 cents in Survey No.32/2F of Sreemukhalingam(V) Jalumuru(M) Srikakulam DIst as illegal arbitrary and violative of Articles 21 and 300-A of the Constitution of India and pass Counsel for the Petitioner: MR.D.KRISHNA MURTHY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following: Form-NIC-OGS/WP{BMR} THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4048 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to quash Notification dated 08.01.2008, issued under Sec.4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) whereby the lands of the petitioners of extents of Ac.0.80 cents, Ac.0.30 cents, Ac.0.33 cents, Ac.1.05 cents, Ac.0.30 cents and Ac.0.30 cents, comprised in Sy.Nos.33/2C, 32/2E, 36/5B, 36/6B, 32/2D and 32/2F respectively of Sreemukhalingam village, Jalumuru Mandal, Srikakulam District are proposed to be acquired. Sri D.Krishna Murthy, learned counsel for the petitioners, submitted that dispensing with enquiry under Sec.5-A is wholly arbitrary. Having heard the learned counsel for the petitioner and the learned Asst.Govt.Pleader for Land Acquisition, I am of the view that respondent No.1 is not justified in dispensing with enquiry under Sec.5-A, because the purpose, namely, provision of house sites for weaker sections is not so urgent in nature, which does not brook the delay in holding enquiry under Sec.5-A. The provision of Sec.5-A provides for valuable opportunity for landowners to raise objections against the proposed acquisition and such a valuable right cannot be taken away in a casual manner, whether urgency is involved or not. In view of the above, the impugned notification, to the extent of dispensing with enquiry under Sec.5-A, is quashed, and declaration under Sec.6 issued, if any, is also declared as invalid. The respondents are directed to hold enquiry by giving the petitioners an opportunity of filing objections and participating in the enquiry before seeking to proceed further. Subject to the above observations, the Writ Petition is disposed of. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 28.02.2008 Dsr