IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27868 of 2007 Between: Popuri Venkateswara Rao S/o Mastan Rao r/o Paritala, Kanchikacherla mandal, Krishna District. ..... PETITIONER AND 1 Land Acquisition Officer & Assistant Collector, Vijayawada, Krishna District. 2 The District Collector, Krishna 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 issue a Writ of mandamus or any other appropriate Writ, order or direction declaringthe action of the respondnets herein as the petitioner was not aﬀorded proper opportuity to section 5 A enquiry nor there was subjective satisfaction ofthe said section and consequently set a sidethe Section 4 (i) Notiﬁcation published by Government Krishna District Gazette No. 200/2007 dt 22-10-2007 in respect of petitioners land of an extent of Ac. 3-29 cents in R.S.no. 508/1 and 508/2 situated at Paritala Village, Kanchikacherla mandal, Krishna District as arbtirary illegal and without jurisdiction and also order stayof all further proceedigns pursuant to Section 9(1) notice dt 20-12-2007and to pass such other order or orders as are deemed fit and proper Counsel for the Petitioner:MR.C.C.S.SASTRY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27868 of 2007 ORDER: The petitioner is the owner of Ac.3.29 cents of land in Survey No.508/1&2 of Paritala Village, Kanchikecherla Mandal, Krishna District. The District Collector, Krishna, 2nd respondent herein issued a notiﬁcation under Section 4(1) of the Land Acquisition Act, (for short ‘the Act’) on 17.10.2007, proposing to acquire the land of the petitioner and Ac.0.53 cents of another person, for the purpose of providing house sites to the poor. Enquiry under Section 5-A of the Act was proposed to be held and accordingly, a notice was issued on 17.11.2007. The petitioner contends that it was only on 16.11.2007 that the Land Acquisition Oﬃcer, 1st respondent herein informed him on phone about the enquiry. He also contends that when he approached the oﬃce of the 1st respondent on 17.11.2007, a printed proforma was issued with a direction to ﬁll the blanks and no opportunity whatsoever was given. It is represented that almost equal extent of land of the petitioner at Jaggayyapet Village was acquired for the purpose of providing house sites and till now, compensation was not paid for it. Certain other grounds are also urged. On behalf of the respondents, a counter affidavit is filed. It is stated that in response to the notice issued under Section 5-A of the Act, the brother-in-law of the petitioner, by name Ramesh Babu, attended the enquiry and the views expressed by him were taken into account. The declaration under Section 6 of the Act is said to have been published on 15.12.2007. Heard Sri C.C.S.Sastry, learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. The 2nd respondent felt it necessary to hold enquiry under Section 5-A of the Act. The owner of the land, proposed to be acquired, would have an opportunity to put forward his grievances and contentions, during such enquiry. The allegation of the petitioner that just one day prior to the date of enquiry, he was informed over telephone and that he was supplied with a printed proforma, was not even adverted to, much less, denied in the counter aﬃdavit. Not only the objections raised by the owners of the land are to be taken into account but also a reasoned order has to be passed. There is no mention of such an order. Therefore, though an enquiry under Section 5-A of the Act was conducted, the record does not disclose that any reasoned order was passed, much less, the petitioner was given adequate opportunity. On this short ground, the writ petition is partly allowed and the declaration under Section 6 of Act published on 15.12.2007 is set aside. It shall be open to the petitioner to submit his objections within two (2) weeks from today and the 1st respondent shall ﬁx a date for hearing the objections. The subsequent steps shall be taken depending upon the outcome of the enquiry under Section 5-A of the Act. There shall be no order as to costs. _________ 30.10.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27868 of 2007 Date: 30.10.2008 JSU