IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9397 of 2008 Between: 1 Gunda Yarrayya, S/o. Appanna, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 2 Gunda Suseela, W/o. Gowrunaiah, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 3 Kodala Nageswara Rao, S/o. Rama Rao, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 4 Reddi Busayya, S/o. Bodiyya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 5 Reddi Bodayya, S/o. Ramayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 6 Reddi Appa Rao, S/o. Appayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 7 Jogi Rama Rao, S/o. Appanna, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 8 Pogiri Rama Krishna, s/o. Satyam, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 9 Jogi Mukhalingam, S/o. Adinarayana, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 10 Joti Adilakshmi, W/o. Appanna, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 11 Amballa Ramaswamy, S/o. Pentaiah, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 12 Pogiri Lakshmana, s/o. Satyam, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 13 Chintada Narayanamurthy, S/o. Lattachayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 14 Chintada Jayalakshmi, W/o. Adinarayana, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 15 Gunda Appanna, S/o. Yarrayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 16 Reddi Rama Rao, S/o. Bodiyya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 17 Reddi Appa Rao, S/o. Papayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 18 Mookalla Padappadu, S/o. Dali Appadu, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 19 Mookalla Ramu, S/o. Dali Appadu, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 20 Mookalla Sitharamulamma, W/o. Suryanarayana, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 21 Urlapu Srinivasa Rao, S/o. Sanyasi, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 22 Jogi Lakshmi, W/o. Pottiyya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 23 Jogi Ramanna, s/o. Rama Rao, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 24 Joig Appala Ramu, S/o. Latchayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 25 Jogi Rama Mohan Rao, S/o. Tavitinaidu, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 26 Matcha Jyotirmyidevi, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 27 Sanatala Rajagopala Rao, S/o. Tavitayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 28 Tammana Rambabu, s/o. Rama Rao, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 29 Boddepalli Venkata Govinda Rao, s/o. Tirupathi Rao, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 30 Jogi Srinivasa Rao, S/o. Suryanarayana, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 31 Jogi Manamada Rao, s/o. Jogi Naidu, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 32 Jogi Lakshmana Rao, S/o. Taviti Naidu, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 33 Jogi Satyam, S/o. Suryanarayana, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 34 Mavuduru Parvateeswam, s/o. Ananta Appala Narasayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 35 Jogi Jagannadham, S/o. Pentayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. 36 Amballa Tivitinaidu, S/o. Pentayya, R/o. Sailada Village, Amadalavalasa Mandal, Srikakulam District. .... PETITIONERS AND 1 Government of Andhra Pradesh, rep by its Prl. Secretary to Government, Revenue (Land Acquisition) Department, AP. Secretariat, Hyderabad. 2 The District Collector, Srikakulam District, Srikakulam. 3 The Sub-Collector/Revenue Divisional Officer, Srikakulam District, Srikakulam. 4 The Tahsildar, Amadamavalasa Mandal, Srikakulam 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 may be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the notification in Rc.No. 594/2008 G8 dated 7-3-2008 of the 2nd respondent issued under Section 4(1) of the Land Acquisition Act, 1984 and also declaration made under Section 6 of the land Acquisition Act, 1984 which is published in Praja Shakti Daily New Paper on 3-4-2008 in respect of the petitioners lands Survey Nos. 154 to 162 of Sailada Village, Amadalavalasa Mandal, Srikakulma District and consequently set aside the same. Counsel for the Petitioners: MR.D.V.NAGARJUNA BABU Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9397 of 2008 ORDER: Petitioners are the owners of certain extents of lands in different survey numbers situated at Sailada village of Amadalavalasa Mandal in Srikakulam District. Their lands were proposed to be acquired by the Government for rehabilitating the displaced persons on account of construction of Hiramandalam Reservoir in Vamshadara Project Phase.II, Stage.II Scheme, by issuance of a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”). Urgency clause under Section 17(4) of the Act was invoked and thereby, enquiry under Section 5-A of the Act was dispensed with. Thereafter, draft declaration under Section 6 of the Act was issued. Aggrieved thereby, this writ petition is filed. Heard the learned counsel for the petitioners and the learned Assistant Government pleader for Land Acquisition. Petitioners question the impugned notification issued under Section 4(1) of the Act and also the draft declaration, on various grounds. However, on a bare reading of the impugned notification and draft declaration it is clear that the purpose, for which the lands of the petitioners were sought to be acquired, cannot be said to be urgent in nature in order to invoke the provisions of Section 17(4) of the Act. No doubt, Section 17(4) of the Act enables the Land Acquisition authorities to dispense with enquiry under Section 5-A of the Act, but at the same time it shall not be resorted to in normal circumstances. As the provisions of Section 5-A of the Act provide a valuable opportunity to the landowners to put forth their objections to the proposed acquisition, such an opportunity cannot be denied to them unless there is real urgency. Evidently, the purpose mentioned in the notification impugned does not indicate that there is such an urgency to invoke urgency clause. Therefore, the action of the respondent-authorities in dispensing with enquiry under Section 5-A of the Act cannot be sustained. In Union of India v. Krishan Lal Arneja[1], the Supreme Court also observed that in the absence of any material to show subjective satisfaction, urgency clause under Section 17(4) of the Act cannot be invoked. The relevant portion of the said judgment reads as under: “Section 17 confers extraordinary powers on the authorities under which it can dispense with the normal procedure laid down under Section 5-A of the Act in exceptional case of urgency. Such powers cannot be lightly resorted to except in case of real urgency enabling the Government to take immediate possession of the land proposed to be acquired for public purpose. A public purpose, however, laudable it may be, by itself is not sufficient to take aid of S.17 to use this extraordinary power as use of such power deprives a land owner of his right in relation to immovable property to file objections for the proposed acquisition and it also dispenses with the inquiry under S.5-A of the Act. The authority may have subjective satisfaction of the need for invoking urgency clause under S.17 keeping in mind the nature of the public purpose, real urgency that the situation demands and the time factor i.e, whether taking possession of the property can wait for a minimum period within which the objections could be received from the land owners and the inquiry under S.5-A of the Act could be completed.” In the light of the said judgment and also in view of the fact that the purpose for which the land in question is sought to be acquired does not indicate that there is any urgency, this Court has no hesitation to come to the conclusion that the action of the respondents in dispensing with enquiry under Section 5-A of the Act is unjustified. Accordingly, the writ petition is allowed in part and the respondent- authorities are hereby directed to hold an enquiry under Section 5-A of the Act. As of now the petitioners are aware of the enquiry to be conducted, by virtue of this order, they may approach the Land Acquisition Officer concerned and file their objections to the acquisition, raising all tenable grounds. On filing such objections, the Land Acquisition Officer concerned shall issue notice to the petitioners, well in advance, specifying the date of enquiry enabling the petitioners to ventilate their grievance. It is needless to observe that the authority concerned, while considering the objections of the petitioners, shall afford an opportunity of personal hearing to the petitioners. There shall be no order as to costs. ___________________________________ (JUSTICE GOPALA KRISHNA TAMADA) 28th April 2008. Sh 1 The Principal Secretary to Government, Government, of Andhra Pradesh, Revenue (Land Acquisition) Department, AP. Secretariat, Hyderabad. 2 The District Collector, Srikakulam District, Srikakulam. 3 The Sub-Collector/Revenue Divisional Officer, Srikakulam District, Srikakulam. 4 The Tahsildar, Amadamavalasa Mandal, Srikakulam District. 5 Two C.Cs to 6 Two C.D. copies. [1] AIR 2004 sc 3582