IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3969 of 2008 Between: 1 Veeramsetti Adnarayana, S/o. Late Sanyasi, HIndu, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 2 Hanumanthu Sanyasamma, W/o. Hanumanthu Venkat Apparao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 3 Chinthada Narasinga Rao, S/o. Late Appalaswamy, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 4 Anaparthi Jayalakshmi, W/o. Late Eswararao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 5 Palasetti Jyothi, W/o. Taroka Ramarao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 6 Chinthada Srinivasa Rao, S/o. Late Narasaiah, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 7 Chinthaa Venkata Ramana, S/o. Late Narasaiah, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 8 Pedada Sanyasi Rao, S/o. late Tavitanna, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 9 Pappala Simhabaludu, S/o. Arjunudu, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 10 Sanapala Seethama, W/o. Sriramulu, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 11 Veeramsetti Kantha Rao, S/o. Late Bairagi, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 12 Pappala Varahalamma, W/o. Krishna Murthy, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 13 Pappala Simhachalam, S/o. Late Narayana, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 14 Banti Mohana Rao, (Grand Father died), S/o. Late Appanna, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 15 Majjada Mallesu, S/o. Late Hamsayya, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 16 Budumuruj Manemma, W/o. Rama Rao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 17 Balivada Prahlada Rao, S/o. Late Vallabha Rao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 18 Balivada Damayanthi, W/o. (Late Vallabharao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 19 Pappala Arjundu, S/o. late Gavaranna, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 20 Adhikarala Lakshmi Prabhavathi, (Father Since died), W/o. Rama Murthi, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 21 Majjada Parusuram (Father Since died), S/o. Late Hamsaiah, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 22 Avala Adinarayana, S/o. late Tavitanna, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 23 Kancharana Narayanamma, W/o. Madhavarao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 24 Budumuru Narasimhulu, S/o. Late Adinarayana, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 25 Budumuru Meenakshamma, W/o. Appalanayudu, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 26 Annepu Atchaiah, S/o. late Lakshminarayana, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 27 Banti Seshagiri (Brother of Neelakantham), S/o. Late Appanna, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 28 Gunnu Krishna, S/o. Late Jagannadham, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 29 Seepana Santhoshamma, W/o. Jananki Rao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 30 Yarra Appalaraju, S/o. Late Krishnamurthy, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 31 Chinthada Satyanarayana, S/o. Late Appalaswami, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 32 Chinthada Govinda Rao, (Since Father died), S/o. Late Lakshmana Rao, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 33 Chowdari Ramasankaram, S/o. late Simhadrinaidu, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. 34 Chowdari Trinadha Rao, S/o. Late Simhadrinaidu, R/O. Chintala Badavanja Village, Laxmi Narasupet Mandal, Srikakulam District. ..... PETITIONER(S) AND 1 Government of Andhra pradesh, Rep. by Secretary, Irrigation Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Srikakulam. 3 The Joint Collector, Srikakulam. 4 The Special Deputy Collector (Land Acquisition), Vamsadhara Project, Meera Mandalam Unit-2, Sreekakulam. .....RESPONDENT(S) Counsel for the Petitioners: MR.V.S.R.ANJANEYALU Counsel for the Respondents: AGP FOR LAND ACQUISITION The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3969 of 2008 ORDER: This writ petition is filed for a writ of mandamus to set aside notification dated 26.12.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’). Certain lands of the petitioners are notified for acquisition under the impugned notification dated 26.12.2007 published in the A.P. Gazette on 28.12.2007 for rehabilitation of the displaced persons under Vamsadhara Project Phase-II Stage-II of Heera Mandalam Reservoir. Enquiry under Section 5A of the Act has been dispensed with by the respondents by invoking urgency clause under Section 17(4) of the Act. On the same day, namely, 26.12.2007, respondent No.2 issued declaration under Section 6 of the Act, which was published in the District Gazette on 05.01.2008. Sri V.S.R. Anjaneyulu, learned counsel for the petitioners submitted that the proceedings initiated by the respondents suffer from serious procedural illegality, inasmuch as respondent No.2 approved the declaration under Section 6 simultaneously with the approval of the notification issued under Section 4(1) of the Act. He also submitted that invocation of urgency clause and dispensing with enquiry under Section 5A of the Act is wholly unwarranted, considering the purpose of the acquisition. Learned Assistant Government Pleader for Land Acquisition, however, sought to sustain the impugned proceedings. Under the scheme of the Act, declaration under Section 6 is issued after the District Collector is satisfied that any particular land is needed for the purpose of construction in respect of the lands covered by notification issued under Section 4(1) of the Act. However, the stage for making declaration would not come in until the mandatory procedure prescribed under Section 4(1) of the Act is complied with. The said procedure includes publication of notification in the Gazette and also in the newspapers and locality where the lands are situated. This scheme, therefore, pre-supposes that the Collector will approve the proposal of making declaration under Section 6 after completing the statutory formalities envisaged under Section 4(1) of the Act. Therefore, in no case, the District Collector can simultaneously approve the notification under Section 4(1) and declaration under Section 6 of the Act. The material on record clearly shows that respondent No.2 issued simultaneous proceedings approving notification under Section 4(1) and declaration under Section 6 of the Act, which, in my considered opinion, cannot be sustained. Therefore, declaration dated 26.12.2007 issued by respondent No.2 under Section 6 of the Act is liable to be invalidated. There is another reason for this Court to invalidate the declaration. The lands of the petitioners are proposed to be acquired for rehabilitation of displaced persons under a project. In the considered opinion of the Court, the purpose of acquisition is not so urgent as to warrant dispensing with enquiry under Section 5A of the Act, which offers valuable opportunity to the owners of the land to object to the proposed acquisition (see Hindustan Petroleum Corporation Limited v. Darius Shapur Chennai[1]). For the abovementioned reasons, declaration dated 26.12.2007 issued under Section 6 of the Act is quashed. The respondents are directed to hold enquiry under Section 5A of the Act by giving the petitioners an opportunity of filing their objections and personal hearing. Subject to the above observation, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.5184 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 26.02.2008 ES To 1.2CCs 2.2CD copies [1] AIR 2005 SC 3520