IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4976 of 2008 Between: 1 Dodda Rangaiah S/o. Ramanaiah R/o. Chavatapalem Village, Nagulluppalapadu Mandal, Prakasam District. 2 Dodda Nageswara Rao S/o. Laxmaiah R/o. Chavatapalem Village, Nagulluppalapadu Mandal, Prakasam District. 3 Dodda Suryanarayana S/o. Subbaiah R/o. Chavatapalem Village, Nagulluppalapadu Mandal, Prakasam District. 4 Dodda Chimpiraiah S/o. Subbaiah R/o. Chavatapalem Village, Nagulluppalapadu Mandal, Prakasam District. ..... PETITIONERS AND 1 The District Collector, Prakasam District, Ongole. 2 Special Collector (Land Acquisition) Poola Subbaiah Veligonda Project, Ongole, Prakasam District. 3 Special Deputy Collector (Land Acquisition) Poola Subbaiah Veligonda Project, Ongole, Prakasam District. 4 Government of Andhra Pradesh, rep. by its Prl. Secretary to Government, I & CAD Department, Secretariat, Hyderabad .....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, order or direction more in the nature of writ of mandamus declaring the action of the respondents in dispensing with the enquiry under Section 5A by issuing the Notification through Proceedings Rc.No.D1/708/2007 dt. 15.12.2007 under section 4(1) of the Land Acquisition Act, 1984 by publishing the same in Eenadu Daily News paper, proposing to acquire the lands of the petitioner in Sy. Nos.191/2C, 219/2B6, 219/2B4, 191/2B,208/3B2, 219/2B1 and 206A/2C of Raparala Village, Nagulluppalapadu Mandal, Prakasam District and the consequential declaration issued under Section 6 in Proceedings Rc.No.D1/708/2007 dt. 05.01.08 published in Andhra Prabha, dt. 08.01.08 as illegal, arbitrary, without power or authority, offending Art. 14 of Constitution of India and consequently to direct the respondents refrain from proceeding further pursuant to the impugned notification, and to pass Counsel for the Petitioner: MR.MADHAVA RAO NALLURI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following: Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4976 of 2008 ORDER: The Petitioners filed the present writ petition with the following prayer: “To issue Writ of Mandamus declaring the action of the respondents in dispensing with the enquiry under Section 5A by issuing the Notification through Proceedings Rc.No.D1/708/2007 dt. 15.12.2007 under section 4(1) of the Land Acquisition Act, 1894 by publishing the same in Eenadu Daily News paper, proposing to acquire the lands of the petitioner in Sy. Nos.191/2C, 219/2B6, 219/2B4, 191/2B,208/3B2, 219/2B1 and 206A/2C of Raparala Village, Nagulluppalapadu Mandal, Prakasam District and the consequential declaration issued under Section 6 in Proceedings Rc.No.D1/708/2007 dt. 05.01.08 published in Andhra Prabha, dt. 08.01.08 as illegal, arbitrary, without power or authority, offending Art. 14 of Constitution of India and consequently to direct the respondents refrain from proceeding further pursuant to the impugned notification.” Heard both the counsel. Notification under Sec.4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) was published on 15.012.2007. A reading of the impugned notification shows that the above mentioned lands are proposed to be acquired for the purpose of digging channels. In the said notification, it is categorically mentioned that as there is urgency in the matter, the enquiry under Sec.5-A of the Act is dispensed with by invoking the provisions of Sec.17(4) of the Act. Subsequently, draft declaration as required under Sec.6 was published on 05.01.2008. From the above, it is clear that enquiry under Sec.5-A is not conducted and is dispensed with. Now the law is clear that the requirement under Sec.5-A of the Act i.e., enquiry by calling for objections cannot be dispensed with in a mechanical manner unless there is urgency, the said dispensation of enquiry under Sec.5-A is unwarranted. As the draft declaration under Sec.6 of the Act is without the said enquiry under Sec.5-A, this Court has no hesitation to come to a conclusion that the same is contrary to law. Accordingly, the draft declaration published on 05.01.2008 is hereby set aside and the respondents are directed to hold enquiry, as provided under Sec.5-A of the Act, by giving the petitioners an opportunity of filing objections and participating in the enquiry. The petitioners are also hereby directed to file their objections to the said notification issued under Sec.4(1) of the Act on or before 31.03.2008, and on receipt of such objections, the respondents may consider the same by providing any opportunity of personal hearing to the petitioners. Subject to the above observations, the Writ Petition is disposed of. ________________________________ GOPALA KRISHNA TAMADA,J Dated: 10.03.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Prakasam District, Ongole. 2 Special Collector (Land Acquisition) Poola Subbaiah Veligonda Project, Ongole, Prakasam District. 3 Special Deputy Collector (Land Acquisition) Poola Subbaiah Veligonda Project, Ongole, Prakasam District. 4 Government of Andhra Pradesh, rep. by its Prl. Secretary to Government, I & CAD Department, Secretariat, Hyderabad 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{MSN}