HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.16515 of 2007 ORDER: This writ petition is filed seeking directions by way of Mandamus to declare the order dated 10.7.2007 passed in proceedings No.G2/2927/2007 by the 2nd respondent as illegal and arbitrary and in violation of the principles of natural justice and contrary to the procedure contemplated under Section 5-A of the Land Acquisition Act, 1894 (for short ‘the Act) and the Rules made thereunder. The petitioners are the owners and possessors of land admeasuring Acs.2.34 cents covered by Survey No.145/3A situated at P. Vemavaram Village, Samalkot, East Godavari District. The aforesaid piece of land was sought to be acquired under the Act for the purpose of construction of house sites for weaker sections. The respondents have conducted detailed enquiry under Section 5-A of the Act and issued Notice in Form No. IIII vide reference No.B1/784/2007, dated 28.5.2007. The petitioners filed their objections to the said notice stating that the lands which are sought to be acquired are double crop wet lands and since they are small farmers, they are not having any other lands. It is further stated that they are using the lands for raising paddy crops and if the said lands are acquired by the Government, their livelihood will be affected. However, after considering the objections filed by the petitioners, the respondent passed the impugned order on 10.7.2007 vide reference No. G2/2927/2007, which is impugned in this writ petition. Petitioners allege that the respondents without affording an opportunity to them and without validly considering their objections have passed the impugned order rejecting their objections. Heard the learned counsel for the petitioners and also the learned Government Pleader for Land Acquisition appearing for the respondents. I have gone through the order dated 23.5.2007 of the Collector, East Godavari at Kakinada. In the impugned order, the Collector, East Godavari while referring to the objections raised by the petitioners, has stated that there are four petitioners altogether and petitioners 1 and 2 stated that they owned Acs.1.11 cents each and petitioners 3 and 4 owned Acs.1.10 cents each, out of which Acs.2.34 cents is notified for acquisition. It is their specific case that the said lands are double crop wet lands and they are small farmers and except these lands, they do not have any other lands. The said objections were over ruled by the Collector by stating that they are having Acs.4.05 cents of land in Thammavaram Village and 0.80 cents of land in Atchampeta Village, which is owned by Smt. Gollapalli Ammaji, W/o. Apparao. On a perusal of the said finding recorded in the impugned order, it is not clear as to whether the petitioners owned any other lands apart from the lands owned by them nor any particulars like survey numbers of the land are mentioned. In Hindustan Petroleum Corpn. Ltd vs Darius Shapur, Chenai & Others([1]), the Supreme Court clearly held that enquiry conducted under Section 5-A of the Act must be effective and not a mere formality. It was further held that the Land Acquisition Act is an ex-proprietary legislation and should be strictly construed. Though according to the petitioners there was a hearing on 28.6.2007, but it is not clear whether after fling of the objections, the petitioners were heard on 28.6.2007 during the 5-A enquiry or not. There were also further objections filed by three petitioners on 27.6.2007. But, that would not substitute the hearing opportunity, which was to be given to the petitioners on the date of enquiry by the Land Acquisition Officer. Hence, this Court is of the view that the objections of the petitioners were not considered effectively with regard to their claim of small farmers and further it is not clear from the record as to whether any hearing was taken place on 28.6.2007. Under the circumstances, I deem it appropriate to set aside the order dated 10.7.2007 in Proceedings No.G2/2927/2007 and direct the respondents to issue a fresh notice of hearing to the petitioners. Accordingly, the order dated 10.7.2007 in Proceedings No.G2/2927/2007 is set aside and the respondents are directed to issue a fresh notice of hearing to the petitioners with regard to the objections filed by them and pass appropriate orders thereon. It is also made clear that all the subsequent proceedings made in pursuance of the impugned notification shall stand quashed. The writ petition is allowed to the extent indicated above. No costs. ____________________ R. SUBHASH REDDY,J Date: 3rd August, 2011 pnb [1] (2005) 7 SCC 627