IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11019 of 2008 Between: 1 Vaddevolu china Subba Rao, S/o. Tataiah, R/o. H.No.6-318(F), Sri Satya Sai Nilayam, Sirdi Sai Baba Nagar, Kurnool road, Ongole, Prakasam District. 2 P.Venkateswara Rao, S/o. Raghavulu, R/o. Mallavarapupadu Village, Tangutur Mandal, Prakasam District. ..... PETITIONERS AND 1 District Collector, Prakasam District, Ongole. 2 Revenue Divisional Officer, Ongole.Prakasam District. 3 Tahsildar, Tanguturu Mandal, Tanguturu,Prakasam 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 to issue any appropriate Writ, Order or direction preferably a Writ in the nature of Writ of Mandamus, declaring the Gazette Notification under Sec. 4(1) of the Land Acquisition Act in Proceedings Rc.No.G2/1368/2008 dt.3.4.2008 published in Prakasam District Gazette No.33 dt.4.4.2008 and also the notification under Sec.6 of the Land Acquisition Act vide proceedings in Rc.No.G2/1368/208 dt. 3.4.2008 published in Prakasam District Gazette No.34 dt.9-4-2008 and which is also published in the newspapers dt.29-4-2008 as being illegal, arbitrary, unconstitutional, contrary to the principles of ntural justice, contrary lto the provisions of the Land Acquisistion Act an also violtive ofArticles 14 and 300-A of the Constitution of India and set aside the same Counsel for the Petitioners: MR.T.RAJENDRA PRASAD Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: ORDER: The petitioners are owners of land in survey Nos.22/4 and 22/6 admeasuring Acs.2.00 and Acs.2.43 cents respectively situated at Gosugundla Kattubadi Village, Tanguturu Mandal, Prakasam District. The first respondent issued notification dated 03.04.2008 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) proposing to acquire the land of the petitioners for the purpose of providing house sites to the poor. On the same day, he dispensed with the enquiry under Section 5-A of the Act by invoking urgency clause under Section 17(4) of the Act, issued declaration under Section 6 of the Act and the notifications were published in the Gazette as required under the Act. The petitioners challenged the notification on several grounds. According to them invocation of urgency clause is totally unwarranted and that several extents of land belonging to Government are available for providing house sites to the poor. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. It is no doubt true that the Act empowers the State to dispense with the enquiry under Section 5-A thereof by invoking urgency clause. That however is to be resorted to only where extreme urgency exists. Indiscriminate invocation of urgency clause would take away the only right given to an affected party to make a representation in the enquiry under Section 5-A of the Act. It is not in dispute that the purpose mentioned in the notification is to provide house sites. It is not as if the necessity has arisen overnight or that it cannot cope the delay which is needed to conduct enquiry under Section 5-A of the Act. The petitioners would be in a position to represent their case if enquiry under Section 5-A of the Act is conducted. For the aforesaid reasons, the writ petition is partly allowed setting aside the notification dated 03.04.2008 issued under Section 6 of the Act. The respondents shall conduct enquiry under Section 5-A of the Act and it shall be open to the petitioners to put-forth all their objections in the enquiry so conducted. No costs. _______________________ L.NARASIMHA REDDY, J 22nd May, 2008 Note: Issue CC in three days. (B/o) GHN To 1 District Collector, Prakasam District, Ongole. 2 Revenue Divisional Officer, Ongole.Prakasam District. 3 Tahsildar, Tanguturu Mandal, Tanguturu,Prakasam District. 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{LS}