IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10676 of 2008 Between: 1 B. Vemkata Lakshmi W/o Srinivasa Rao R/o Railway Feeder Road, Amadalavalasa, Srikakulam District. 2 V. Murali Krishna S/o Vittala Rao R/o Railway Feeder Road, Amadalavalasa, Srikakulam District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Srikakulam, Srikakulam District. 3 The Revenue Divisional Officer, Srikakulam, Srikakulam District. 4 The TAhsildar, Amadalavalasa 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 will be pleased to issue Writ of Mandamus or any other appropriate Writ more particularly order or direction setting a side the action of the respondents in so far as the petitioner concerned in proposing to acquire the petitioners' land situated in Sy. Nos. 311/1(21Cents) and Sy. No. 311/9 (1.57 cents) Respectively situated at Akkivalasa Village of Amadalavalasa Mandal, Srikakulam District in pursuance of impugned Notification No. 622/07/SWLA dt 13-2-2008 of the 2nd respondent as null and void, arbitrary, illegal, violation of principle of natural justice and violation of the Article 300-A of the Constitution of India and contrary to the provisions of Land Acquisition Act and rules made there under and consequently direct the respondents not to acquire the petitioners Land and pass such other and further order or orders as the Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioners:MR.KRISHNA RAO MODHALAVALASA Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: This Writ Petition is filed for a writ of mandamus to quash declaration, dated 13.02.2008 issued under Section 6 of the Land Acquisition Act, 1894 (for short “the Act”). Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. The extents of Ac.0.21 cents and Ac.1.57 cents of land comprised in survey Nos.311/1 and 311/9 situated at Akkivalasa Village, Amadalavalasa Mandal, Srikakulam District, belonging to the petitioners along with some others lands were proposed for acquisition by notification, dated 28.12.2007 issued under Section 4(1) of the Act and published in the District Gazettee on 08.01.2008 for the purpose of providing house sites to weaker sections under Indiramma Housing Programme. On 13.02.2008 declaration under Section 6 of the Act has been issued. At the hearing, learned counsel for the petitioners submitted that the notification issued under Section 4(1) of the Act by dispensing with the enquiry under Section 5A of the Act is illegal. Having heard learned Assistant Government Pleader for Land Acquisition, I am of the view that invocation of urgency clause under Section 17(4) of the Act for the purpose of providing house sites is illegal. Section 5A of the Act provides for valuable opportunity to the landowner to object against the proposed acquisition. Unless the purpose of acquisition does not brook the delay of holding enquiry, such an opportunity cannot be denied to the citizens. In my considered view, provision of house sites does not involve so much urgency as to warrant dispensing with enquiry. In this view of the matter, declaration, dated 13.02.2008 issued under Section 6 of the Act is quashed and notification under Section 4(1) of the Act to the extent it dispensed with the enquiry under Section 5A of the Act is declared as illegal. The respondents are directed to hold enquiry under Section 5A of the Act by giving an opportunity of personal hearing to the petitioners before seeking to proceed further with the proposed acquisition. The Writ Petition is accordingly disposed of. As a sequel to disposal of main petition, WPMP.No.13950 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J Dated:07.05.2008 GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}