IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22975 of 2008 Between: 1 Grandhi Manikyala Rao, S/o. Butchiraju, R/o. tuni, E.G.District. 2 T.S.V. Prasada Rao, S/o. Jala Durgaprasada Rao, R/o. tuni, E.G.District. 3 K.Nookaraju, S/o. ramulu, R/o. S.Annavaram, E.G.District. 4 Keerti Nageswara Rao, S/o. Appa Rao, R/o. S.Annavaram, E.G.District. 5 Vangalapudi Nageswara Rao, S/o. bulliabbai, R/o. S.Annavaram, E.G.District. 6 G.Butchi Raju, S/o. Manikyala Rao, R/o. tuni, E.G.District. 7 N.Suryanarayana, S/o. Satyam, R/o. S.Annavaram, E.G.District. 8 Dadisetty Narsaiah, S/o. Ramanababu, Rep by its Father Rambabu, 17 years, R/o. S.Annavaram, E.G.District. 9 V.Nookalamma, W/o. Abbaiah, R/o. S.Annavaram, E.G.District. 10 N.Tatarao, S/o. Satyam, R/o. S.Annavaram, E.G.District. 11 Dadiseti Appa Rao, since died, Rep by his Son Sri Ramana Babu, R/o. S.Annavaram, E.G.District. 12 P.Venkataraju, S/o. Suryanarayana, R/o. S.Annavaram, E.G.District. 13 S.Krishna Prasad, S/o. Apparao, R/o. S.Annavaram, E.G.District. 14 Bandaru Suryanarayana, S/o.Suryanarayana, R/o. S.Annavaram, E.G.District. 15 S.N.V. Chakravarthi, S/o. Prabakararamachandra Raju, R/o. S.Annavaram. E.G.District. 16 K.Leelavathi, W/o. Durga Das, R/o. tuni, E.G.District. 17 nallaballi Venkata Subba Rao, S/o. Venkataswarlu, R/o. tuni, E.G.District. ..... PETITIONERS AND 1 District Collector, East godavari Disrict, Kakinada, 2 The Special, Collector/LAO, Indira Sagar Project, Rajahmundry, E.G.District. 3 The Spl. Dy.Collector/LA Pushkara Lift Irrigation Scheme Unit - II, Peddapuram, E.G.District. 4 The Revenue Divisional Officer, Peddapuram, E.G.District. .....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 particularly one in the nature of writ of Mandamus declaring the notiﬁcation in Ref.No.b2/663/08 dated 22-8-2008 issued under Section 4(1) of the Land Acquisition Act, 1894 by the 2nd respondent herein is illegal, arbitrary and contrary to law declared by the hon'ble Constitutional courts and set aside the same in so far as the petitioners are concerned and consequently direct the respondents to conduct the enquiry under Section 5-A of the Land Acquisition Act, 1894 after following the procedure as contemplated under Land Acquisition Act, 1894 and. Counsel for the Petitioners:MR.V.V.N.NARAYANA RAO Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: The petitioners claim to be the owners of various extents of land in diﬀerent survey numbers in S.Annavaram Village, Tuni Mandal, East Godavari District. Their lands are sought to be acquired for the purpose of excavation of Distributary to main canal under Pushkar Lift Irrigation Scheme. A notiﬁcation under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was published by the District Collector on 22.08.2008. The enquiry Under Section 5-A of the Act is dispensed with. The petitioners submit that there is no urgency, as such, to invoke Section 17(4) of the Act and that the respondents have taken away the only right available to the petitioners. It is also stated that the alignment of the canal was changed in such a way to protect the lands of the inﬂuenced persons and to affect the lands of the petitioners. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition. The purpose for which the land is proposed to be acquired is, excavation of canal under Lift Irrigation Project. It is not as if the necessity has arisen overnight and that the land is required urgently. The construction of the project was going on for the last several years. Further, it is not as if the canal would be commissioned within few months. The only remedy available to a citizen in the matter of compulsory acquisition, namely, an enquiry under Section 5-A of the Act cannot be dispensed with in a routine manner. The purpose for which the land is sought to be acquired is not so urgent and that it cannot wait for a period of one or two months. Hence, the Writ Petition is disposed of, setting aside the clause in the impugned notiﬁcation dispensing with the enquiry under Section 5-A of the Act. The respondent shall conduct enquiry under the said provision and it shall be open to the petitioner to put forward their objections. Apart from serving notices on the aﬀected parties, the respondents also shall ﬁx a date for hearing on the objections of the petitioners. There shall be no order as to costs. ____________________ Dt.21.10.2008 L.NARASIMHA REDDY, J Note: Furnish C.C. in three days. (B/o) GJ