IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20262 of 2008 Between: Smt. Kondepati Baby Sarojini, W/o. Bala Murali Krishna, D.No. 4-98/1, 7th Land, Behind Government ITI, Vatluru, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Irrigation and Command Area Development, A.P. Secretariat, Hyderabad. 2 The Special Collector (Land Acquisition), Indira Sagar Project, Rajahmundry, East Godavari District. 3 The Special Deputy Collector (Land Acquisition), Indira Sagar Project, Kovvur, Wast Godavari District. 4 M/s. Hindustan Constructions Private Limited, Contractor for Package 3 for Indira Sagar Project, Right Main Canal, Sy.No, 968-1A, E.G.K. Road, Nallajerla, West Godavari District. 5 The District Collector, West Godavari District, Eluru. 6 The Chief Engineer (Irrigation), Indira Sagar Project, Dhavaleswaram, East Godavari District. .....RESPONDENT(S) 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 to issue a writ, order or direction, more particularly one int he nature of Writ of Mandamus declaring the proceedings of the 2nd respondents vide notification in Ref.No. B1/615/2008 dated 29-7-2008 acquiring the petitioner's agricultural lands in S.No. 7/5, and 9/1 of Veeravalli Village, Nallajerla Mandal, West Godavari District, by dispensing with the enquiry under Section 5-A of the Land Acquisition Act, 1894 and all consequential proceedings as illegal and without any real public purpose and also malafide and violative of Articles 14, 19, 21, 31-A and 300-A of the constitution of India in the interest of justice and pass Counsel for the Petitioner:MRKAMBHAMPATI RAMESH BABU Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20262 of 2008 ORDER: The petitioner is the owner of the land in Survey Nos.7/5A, 8/1 and 9/1 of Veeravalli Village, Nallagerla Mandal, West Godavari District. The Special Collector (Land Acquisition), Indira Sagar Project, Rajahmundry, 2nd respondent herein, published a notiﬁcation, dated 29.07.2008, under Section 4(1) of the Land Acquisition Act (for short ‘the Act’), proposing to acquire the land of the petitioner, for excavation of an irrigation canal, dispensing with the enquiry under Section 5-A of the Act. The petitioner challenges the said notiﬁcation. She contends that dispensing with the enquiry under Section 5-A of the Act is untenable, since the project itself has not come into existence. It is also pleaded that the alignment of the canal was changed, contrary to the representation made by the authorities before the Hon’ble Supreme Court. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. Sub-Section (4) of Section 17 of the Act empowers the State Government or the Collector, to dispense with the enquiry under Section 5-A of the Act, whenever there is urgency for acquisition of the land. The circumstances must show that the acquisition does not brook delay, that is caused in undertaking enquiry under Section 5-A of the Act. In the instant case, the acquisition is for excavation of an irrigation canal under the Indira Sagar Project. It is a matter of record that the project itself has not come into existence and several proceedings in relation thereto are pending before the Hon’ble Supreme Court. Hence, it emerges that there was absolutely no basis for the 2nd respondent in dispensing with the enquiry under Section 5-A of the Act. Therefore, the writ petition is disposed of, directing that the notiﬁcation, if any, issued under Section 6 of the Act, in respect of the lands of the petitioner, shall stand set aside, and the 2nd respondent shall cause enquiry under Section 5-A of the Act. It shall be open to the petitioner to submit all her objections, during the course enquiry under Section 5-A of the Act, within four (4) weeks from today, without waiting for issuance of any formal notice. There shall be no order as to costs. _________ 18.09.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20262 of 2008 Date: 18.09.2008 JSU