IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE Ms. JUSTICE G. ROHINI W.P.No.14900 OF 2010 01.08.2011 Between: B.Sudarshanamma … Petitioner AND The Government of A.P., rep.by its Principal Secretary-Revenue, Hyderabad and others. … Respondents ORDER:- The petitioner claims to be the owner and possessor of land to an extent of Ac.4.50cs situated in different survey numbers in Naidupeta, Nellore District. By notification, dated 12.05.2010, published under Section 4(1) of the Land Acquisition Act, 1894, (for short, ‘the Act’) the said land was acquired for laying a Bypass link road connecting the State Highway and the Special Economic Zone. While invoking the urgency clause under Section 17(4) of the Act, the enquiry under Section 5(A) of the Act was dispensed with and the declaration under Section 6 of the Act was published on 29.05.2010. Aggrieved by the same, the present writ petition is filed contending that the impugned acquisition is arbitrary and illegal since a road passing through the town connecting the Special Economic Zone and the State Highway is already existing and therefore there is no need for the proposed Bypass link road. Heard the learned counsel for both the parties and perused the material available on record including the counter affidavits filed on behalf of respondent Nos.4 and 5. On a careful consideration of the entire material available on record, I find force in the submission of the learned counsel for the petitioner that the respondents were not justified in dispensing with the enquiry under Section 5-A of the Act. Having regard to the plea of the petitioner that the land in question is agricultural land and that it is the only source of her livelihood and moreover in view of the allegation that the alignment of the proposed Bypass road was altered deliberately, I am of the opinion that it is necessary to give an opportunity to the petitioner to raise her objections. Accordingly, the impugned declaration under Section 6 of the Act, dated 14.05.2010 is hereby set aside and the Writ Petition is disposed of directing the respondent Nos.2 and 3 to conduct an enquiry as provided under Section 5-A of the Act and then to proceed further following due process of law. No costs. _____________ G.ROHINI, J 01st August, 2011. AMD/GBS THE HON'BLE Ms. JUSTICE G. ROHINI W.P.No.14900 OF 2010 01.08.2011 AMD