IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5011 of 2008 Between: 1 Vithanala Laliltha W/o. Venkata Ramana R/o. Peddiapem (V), Prathipadu Mandal, East Godavari District. 2 K. Sri Kalyanasundaram Sri Rekha W/o. Kalyanasundaram R/o. Peddiapem (V), Prathipadu Mandal, East Godavari District. ..... PETITIONERS AND 1 The Dist. Collector, East Godavari district at Kakinada. 2 Land Acquisition Officer-cum-Revenude Divisional Officer, Peddapuram, East Godavari 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 writ of mandamus or any appropriate writ, order or direction declaring the action of the 1st respondent in issuing impugned proceedings in Ref.G2/4644/2008, dt. 17.01.2008 by rejecting the objections filed by the petitioners in respect of the acquisition of their land in Sy.No.88/2 and 106 part an extent of Ac.4.00 situated at Peddipalem Village of Prathipadu Mandal, East Godavari district as illegal, arbitrary and malafide and violative of principles of natural justice and for a consequential order directing the respondents to drop all further proceedings including dispossession of the petitioner from the above said lands. Counsel for the Petitioners: MR.CH.DHANAMJAYA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5011 of 2008 ORDER: Petitioners are the owners and possessors of the land admeasuring Acs.2.00 each in Sy.Nos.88/2 and part of 106, situated at Peddipalem village of Prathipadu Mandal in East Godavari District. The petitioners state that they are eking out their livelihood through the agricultural income. While so, the Government proposed to acquire the said land for the purpose of providing house sites to the weaker sections under Indiramma Phase-II programme and to that effect, a notification, dated 20.08.2007, under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) was issued. Thereafter, notice under Section 5-A of the Act was issued to the petitioners calling upon them to submit their objections, and pursuant thereto, petitioners submitted their objections on 03.09.2007. Petitioners allege that the second respondent-Land Acquisition Officer enquired into their objections and recommended the acquisition without hearing them. On the basis of the said recommendations, the first respondent passed the impugned order dated 17.01.2008, rejecting the objections of the petitioners and directing the second respondent to publish draft declaration under Section 6 of the Act. Aggrieved thereby, they filed this writ petition seeking to quash the entire land acquisition proceedings. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The main grievance of the petitioners is that though the second respondent alleged to have conducted enquiry, no opportunity of personal hearing was given to them, which is mandatory under Section 5-A(2) of the Act. As per Section 5-A(2) of the Act, every objection under sub-section (1) of Section 5-A of the Act shall be made to the Collector in writing and the Collector shall give the objector an opportunity of being heard in person or by any person authorized by him in this behalf. Therefore, it is clear that the respondents have not complied with the mandatory requirement under Section 5-A(2) of the Act. Hence, the proceedings of the first respondent dated 17.01.2008 and all other consequential proceedings are liable to be set aside. Accordingly, the writ petition is allowed in part setting aside the proceedings of the first respondent dated 17.01.2008, and all other consequential proceedings. The second respondent is hereby directed to fix a particular date for hearing the petitioners, duly issuing a notice to them enabling them to appear in person and submit their objections on the date so fixed, and thereafter appropriate orders may be passed. There shall be no order as to costs. __________ 25.03.2008 sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist. Collector, East Godavari district at Kakinada. 2 Land Acquisition Officer-cum-Revenude Divisional Officer, Peddapuram, East Godavari District. 3. 2CCs to 4. 2CD copies