THE HON’BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO.11854 OF 2010 Dated 26th May, 2010 Between: T.Sankaraiah and five others …Petitioners And The District Collector and another …Respondents The Court made the following ORDER: This writ petition is filed by the petitioners seeking a writ of Mandamus declaring the action of the first respondent in issuing proceedings in ROC No.G2/3105/2010 dated 08.05.2010, published in Andhra Jyothi Telugu daily dated 15.05.2010, proposing to acquire the petitioners’ house properties as illegal, arbitrary and violative of Articles 14 and 19 (1) (g) of the Constitution of India. The case of the petitioners is that they are the owners of different house properties situated in Survey No.796/2 of Tukivakam Village, Renigunta Mandal, Chittoor District. By the impugned proceedings, the District Collector, Chittoor District - the first respondent published notification under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) proposing to acquire Ac.0.38 cents of land for the purpose of providing parking, circuit lighting etc on the Western side of Renigunta Railway Station. The case of the petitioners is that in the notification, the survey number of the land is wrongly shown as 796/5 and only three persons are shown as owners of the property leaving three other owners. The first respondent has invoked the provisions of Section 17 (4) of the Act and dispensed with the enquiry under Section 5-A of the Act and appointed the second respondent as the Officer to discharge the functions under Section 4(2) of the Act. The grievance of the petitioners is that it is not stated in the notification as to whether it is the State Government or the Railways who want to provide the parking etc. If the acquisition is for the Railways, the proposal is wholly illegal inasmuch as the Railways itself own about Ac.25.00 on the Eastern side of the Railway Station; that since the enquiry under Section 5-A of the Act was dispensed with, they could not brought these facts to the notice of the respondents and that there are no justifying circumstances for dispensing with the enquiry under Section 5-A of the Act since there is no urgency for acquiring the land. Hence, this writ petition. The learned counsel for the petitioners submitted that vast land is available other than the land of the petitioners, which is sought to be acquired, and that had the enquiry under Section 5-A of the Act is conducted, the factual position would have been brought to the notice of the authorities concerned to avoid acquisition of the land belonging to the petitioners. The learned Government Pleader for Land Acquisition placed before this Court the instructions received by their Office from the Land Acquisition Officer & Revenue Divisional Officer, Tirupathi, in ROC No.F/761/2010 dated 25.05.2010, wherein it is stated that the Senior Divisional Engineer/South Central Railway, Guntakal vide reference No.G/W.260/South/WWIII dated 03.03.2010 has placed requisition for acquisition of land in Survey No.796 of Tukivakam Village, Renigunta Mandal for the purpose of development of infrastructure, parking, circulating area facility etc on the Western side of Renigunta Railway Station Building. Hence, the Tahsildar, Renigunta has initiated land acquisition proceedings and submitted draft notification proposals after sub-division for acquisition of an extent of Acs.0.38 cents in Survey No.796/5 of Tukivakam Village, Renigunta Mandal, classified as Village site. The draft notification and draft declaration proposals under Sections 4(1) and 6 of the Act have been submitted to the Collector, Chitoor invoking urgency clause under Section 17(4) of the Act. The Collector vide proceedings dated 08.05.2010 approved the same and directed to publish the contents. Therefore, the contents of draft notification were published in two daily newspapers on 15.05.2010. In the meantime, the Collector has ordered to submit errata proposals for dispensing urgency clause and to invoke the provisions of enquiry under Section 5-A of the Act. Hence, the errata proposals have been submitted to the Collector for invoking enquiry under Section 5-A of the Act vide proceedings in Roc No. F/761/10 dated 19.05.2010; that the approval of the same is awaited and that after approval of the same, Section 5-A enquiry will be conducted. As it is found from the instructions received by the Government Pleader, copy of which is placed before this Court, that the first respondent ordered to submit errata proposals for dispensing with the urgency clause and to invoke the provisions of enquiry under Section 5-A of the Act and accordingly, the second respondent submitted errata proposals to the first respondent, the writ petition is disposed of directing the respondents to hold enquiry under Section 5-A of the Act and thereafter take necessary action in accordance with law. No order as to costs. _________________ G.CHANDRAIAH, J Dated 26th May, 2010 Note: Issue C.C by tomorrow vrn