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 : 11034 of 2008 Between: 1 Vadlapatla Venkata Lalithendhranath Chowdary, S/o. V.Lalithamba, R/o. D.No. 24A-3-6, Ashoknagar, Eluru, West Godavari District. 2 Devineni Basava Rao, S/o. Venkata Ramaiah, R/o. Plot No. 25B, Ashoknagar, Eluru, West Godavari District. 3 Korlipara Neelakanteswaramma, W/o. Bhagavannarayana, R/o. D.No. 24A-4-3, Ashoknagar, Eluru, West Godavari District. 4 Chalasani Gandhi Vara Prasada Rao, S/o. Gopala Krishna, R/o. Plot No. 26B, Ashoknagar, Eluru, West Godavari District. 5 N.Jaya Lakshmi Devi, W/o. N.Vishnu Vardhan, R/o. D.No. 24A-4-7, Ashoknagar, Eluru, West Godavari District. 6 Korlipara Seetharama Swamy, S/o. Kasiu Viswanadham, R/o. Plot No. 32B, Ashoknagar, Eluru, West Godavari District. 7 Jasti Vayunadana Rao, S/o. Venkateswaraiah, R/o. Plot No. 29 B, Ashoknagar, Eluru, West Godavari District. 8 Nersu Nagarjuna rao, S/o. Satyanarayana & Nersu Savithri,W/o. Nagarjuna Rao, R/o. D.No. 24A-4-9, Ashoknagar, Eluru, West Godavari District. 9 Baddi Sirisha, W/o. Varahala Rao, R/o. No. 24A-20/17, Ameenapet, Eluru, W.G.District. 10 K.P.A. Sita Devi, W/o. K. Vigneswara Rao, R/o. D No. 25-2/2-8, Ameenapet, Eluru, West Godavari District. 11 Appikatla Laxmi, W/o. ABR Prasad, R/o. D.No. 25-2/2-4, Ameenapet, Eluru, West Godavari District. 12 Drakshanapu Laxmamma, W/o. Guruvulu, R/o. D.No. 25-2/2-6, Ameenapet, Eluru, West Godavari District. 13 Nanduri Balakrishna, S/o. Subramanyeswara Rao, R/o. D.No. 25-2/2-7, Ameenapet, Eluru, West Godavari District. ..... PETITIONERS AND 1 The Dist Collector W.G Dist 2 R.D.O cum Land Acquisition Officer Eluru W.G Dist 3 Eluru Municipal Corporation Rep.by its Commissioner Eluru W.G Dist .....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 a writ order or direction more particularly one in the nature of Writ of Mandamus (a) declare the action of the respondents without conducting survey as per the dimensions specified in the master plan to fix the boundaries for widening the road from ameenapet Church to Ashok Nagar Pillar, and marked a portion of petitioners land /buildings on eastern side of the road, by leaving western side portions without taking in to consideration of the dimensions specified in the approved master plan by showing undue favoritism to western side personnel and issuing 4(1) notification vide R.O.C. No. G2/7659/07 dated 20-04-2008 as illegal, arbitrary, discriminatory and violative of Articles 14,21 and 300-A of the Constitution of India; and (b) Consequently direct the respondents not to demilish or laid down the road on the petitioners land without conducting the survey and fix the dimensions as specified in the Master plan Counsel for the Petitioners: MR.K.SATYANARAYANA MURTHY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following Order: ORDER: The petitioners feel aggrieved by the notification dated 20.04.2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) by the first respondent. The small extents of lands of the petitioners and certain others are proposed to be acquired for the purpose of widening of internal road in Eluru town. The first respondent invoked urgency clause under Section 17(4) of the Act and dispensed with the enquiry under Section 5-A of the Act. The petitioners have urged several grounds while challenging the notification. Heard the learned counsel for the petitioners and the Assistant Government Pleader for Land Acquisition. The notification challenged in this writ petition was the subject matter of W.P.No.10124 of 2008. Through an order dated 01.05.2008 this Court set aside the direction given by the first respondent dispensing with the enquiry under Section 5-A of the Act. Consequently a separate direction was issued to the respondents to conduct enquiry under Section 5-A of the Act. The record discloses that a notice dated 30.04.2008 was issued inviting objections from the affected parties. The petitioners were also required to put-forth their objections in response to the notice dated 30.04.2008. It is stated that such representation has in fact been made by them. It is needless to observe that the second respondent as well as the first respondent shall take the said representation into account before taking the final decision. In case the petitioners have not submitted any representation so far, it shall be open to them to do so within one week from today. The writ petition is accordingly disposed of. No costs. _______________________ L.NARASIMHA REDDY, J 22nd May, 2008 Note: Issue CC in three days. (B/o) GHN To 1 The Dist Collector W.G Dist 2 R.D.O cum Land Acquisition Officer Eluru W.G Dist 3 Eluru Municipal Corporation Rep.by its Commissioner Eluru W.G Dist 4 2CCs to GP for Land Acquisition 5 2CD copies Form-NIC-OGS/WP{GMS}