HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 12251 OF 2006 DATED: 20.6.2006 Between: Smt. M. Surya Mahalaxmi … Petitioner AND The District Collector, West Godavari District, Eluru and another ..Respondents HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No.12267 OF 2006 ORAL ORDER: The petitioner’s land is sought to be acquired by issuance of a notification, dated 21.05.2006 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Urgency clause has been invoked under Section 17 (4) of the Act and the enquiry under Section 5-A of the Act dispensed with mechanically and without due application of mind, is the complaint. The impugned notification states that the acquisition is for the purpose of allotment of house-sites for weaker sections. This requirement is not of such an emergent nature as would justify invocation of the urgency clause and dispensing with the enquiry under Section 5-A of the Act. The enquiry under Section 5-A of the Act is a salutary statutory provision intended for affording a reasonable opportunity to the owners of lands to object to the acquisition on any relevant grounds as they wish to submit. In the aforesaid circumstances, the decision in the impugned notification to invoke the urgency clause and dispensing with the enquiry under Section 5-A of the Act is declared irrational and unsustainable. The respondents are directed to issue notice to the petitioner for submission of objections, if any, to the proposal to acquire the lands. On the petitioner’s submitting her objections within the time stipulated in the notice, the same shall be considered and an appropriate decision taken duly communicating the decision to the petitioner simultaneously with the recommendations made after the enquiry under Section 5-A of the Act by the acquiring authority. The petitioner shall not be dispossessed pending communication of the decision to the petitioner consequent on the enquiry under Section 5-A of the Act. The writ petition is disposed of as above at the stage of admission, after hearing the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. There shall however be no order as to costs. _______________________ GODA RAGHURAM, J Date: 20.06.2006 ES