THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.20165 of 2006 DATED 27.09.2006 Between: Tammineni Surannaidu and 14 others. … PETITIONERS versus The State of Andhra Pradesh, represented by its District Collector, Srikakulam and another. … RESPONDENTS WRIT PETITION NO.20165 of 2006 ORDER: The matter is coming up for admission today. 2. Heard the learned counsel for the writ petitioners and the learned Government Pleader for Land Acquisition. 3. The Writ Petition is filed for a Writ of Mandamus directing the respondents not to acquire the land as notified in Section 4(1) Notification, which is published in Vartha Daily Newspaper on 16.7.2006 as it is arbitrary, illegal, and it is statutory violation of provisions of Section 5-A of the Land Acquisition Act without specifying the nature of urgency and pass such other suitable orders. 4. It is stated that the 1st respondent issued proceedings/letter No.883/2006, dated 30.6.2006 of the Revenue Divisional Office, Srikakulam for acquiring the land in Thadivalasa village of Ponduru Mandalam, Srikakulam District for public purpose i.e., for providing house sites to weaker sections and accordingly issued notification under Section 4(1) by invoking urgency clause under Section 17 of the Land Acquisition Act, 1894 and the same was notified in Vartha paper on 16.7.2006. It is also stated that the 1st respondent had issued notification stating that acquiring the land in S.Nos.81/1 to 3 and 81/10 to 29 except 81/28 for total extent of 6 acres 90 cents in Thadivalasa village, which land is far away from the village and the acquired land is in low level area and it is not suitable for house site purpose and further it is an agricultural land and it is more suitable for agriculture after the Narayanapuram channel has come into existence. It is also stated that there is dry land, which is available and suitable for construction of house sites as specified in Section 4(1) Notification. It is also stated that due to political interference, the 1st respondent had issued the Notification under Section 4(1) specifying that they are going to acquire these lands for providing house sites to weaker sections. Several other factual details also had been narrated. It is also stated that in the facts and circumstances, dispensing with Section 5-A enquiry under the provisions of the Land Acquisition Act would cause prejudice and hardship to the petitioners. It is also further stated that Section 6(1) Draft Declaration was published in the Gazette of Srikakulam District on 5.8.2006 declaring that the lands specified in the schedule measuring 6 acres 90 cents be the same little more or less needed for public purpose i.e., for providing house sites to weaker sections. It is also stated that under Sections 3 and 7 of the Land Acquisition Act, the Revenue Divisional Officer, Srikakulam is appointed to perform the functions of the Collector under the Act and directed to take order for the acquisition of the said lands under sub- Section (1) and (2) of Section 17 of the Land Acquisition Act. The Government of Andhra Pradesh further directed that possession of the land may be taken on the expiry of 15 days from the date of publication of the notice mentioned in Section 9(1) of the Act. It is also stated that the petitioners are small farmers and they have no other alternate land and if the Government acquires these lands, the petitioners would be put to great hardship. 5. In the light of the facts and circumstances which had been narrated in detail, this Court is of the considered opinion that dispensing with the enquiry under Section 5-A of the Land Acquisition Act, in the facts and circumstances of the case, appear to be not just and proper. 6. In view of the above, the Writ Petition is disposed of directing the respondents to afford opportunity to the petitioners and conduct enquiry under Section 5-A of the Land Acquisition Act in accordance with law and take appropriate decision in relation thereto and then further proceed with the matter, if the facts and circumstances so warrant. In the meanwhile status quo obtaining as on today to be maintained. No costs. ------------------------- 27.09.2006 SSR Issue order copy by Monday. (BO)