IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2438 of 2008 Between: Mettu Basava Reddy and two others ..... PETITIONERS AND The District Collector, Khammam District, Khammam and 3 others .....RESPONDENTS THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2438 of 2008 ORDER: This writ petition is filed for a Writ of Mandamus to set aside Notification dated 09.01.2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) and declaration dated 09.01.2008 issued under Sec.6 of the Act. Heard Sri M.Rajamalla Reddy, learned counsel for the petitioners and learned Asst.Govt.Pleader for Land Acquisition and perused the record. A perusal of the impugned notification shows that an extent of Ac.4.01 cent of land belonging to the petitioners is proposed to be acquired for supply of Kinnerasani Reservoir water to Paloncha Municipality. Paragraph-2 of the said notification mentioned that the powers of respondent No.1 for discharging functions under Sec.5-A of the Act, were delegated to respondent No.3. However, the next paragraph of the said notification mentioned that in view of urgency, the provisions under Sec.17(4) of the Act are invoked and enquiry under Sec.5-A is dispensed with. In my considered view, the impugned notification suffers from grave ambiguity. The irreconcilable terms of the notification, as pointed out above, reveal absolute non-application of mind on the part of respondent No.1 in issuing the impugned notification. While exercising the power of eminent domain, the respondents shall apply their minds, lest the citizens, whose lands are sought to be forcibly acquired, would be put to serious prejudice. I am of the further view that the purpose for which the acquisition is proposed to be made, namely, supply of drinking water to Paloncha Municipality, is not so urgent in nature as to warrant dispensing with the enquiry under Sec.5-A. The provisions of Sec.5- A provide for valuable opportunity to the citizens to object to the proposed acquisition and such an opportunity cannot be denied to them, unless there is imminent urgency. For the above mentioned reasons, the part of impugned notification dated 09.01.2008, wherein enquiry under Sec.5-A is dispensed with, is set aside. Consequently, declaration issued under Sec.6, dated 09.01.2008 is also set aside. Respondents are directed to hold enquiry under Sec.5-A, by giving an opportunity of filing objections and personal hearing to the petitioners. Subject to the above observations, the Writ Petition is allowed. ____________________________ C.V.NAGARJUNA REDDY,J Dated: 08.02.2008 Dsr Note: Issue copy on Wednesday i.e. on 13.02.2008 B/o Dsr