IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11994 of 2008 Between: 1.Gundubogula Laxmana Rao S/o. Nagayya R/o. Vella, Ramachandrapuram Mandal, E.G. District. 2.Pamula Chakra Rao S/o. Ramu R/o. Vella, Ramachandrapuram Mandal, E.G. District. 3.Gundubogula Nagaiah S/o. Surya Rao R/o. Vella, Ramachandrapuram Mandal, E.G. District. 4.Gundubogula Swamy Naidu S/o. Surya Rao R/o. Vella, Ramachandrapuram Mandal, E.G. District. ..... PETITIONERS AND 1.Collector, East Godavari District, Kakinada. 2.Sub-Collector / Revenue Divisional Officer cum Land Acquisition Officer, Rajahmundry, E.G. District. 3.Akkala Sakunthala W/o. late Papa Rao R/o. Appanna Reddi Street, behind Professional Couriers, Ramachandrapuram, E.G. District. 4.Donthamsetti Latha Devi W/o. Malleswara Rao Siddhartha Clinic, R/o. Devi Chowk, Rajahmundry, E.G. District. 5.Akkala Babji Venkateswara Babu W/o. late Papa Rao R/o. Appanna Reddi Street, behind Professional Couriers, Ramachandrapuram, E.G. District. 6.Akkala Seshagiri Rao S/o. Chittirathnam R/o. Amalapuram, E.G. 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 an order, direction or an appropriate writ, more particularly in the nature of writ of Mandamus declaring the action of the 1st respondent in issuing Notification No.G3/3204/2008, dated 28.05.2008 under Section 4(1) of L.A. Act by invoking Section 17(4) by which Section 5-A enquiry is dispensed with to acquire the lands in question i.e., Sy Nos. 126/1- to an extent of Ac. 1.75, 127/1 to an extent of Ac. 2.80, 127/2 to an extent of Ac.2.00, 129/3 to an extent of Ac. 0.02, 129/4A to an extent of Ac. 11.11, 129/4B to an extent of Ac.1.11, 202/4B to an extent of Ac. 1.31, 203/2B to an extent of Ac. 0.50, 203/2C1 to an extent of Ac.0.02, 203/2D1 to an extent of Ac. 0.71, 203/2E2 to an extent of Ac.0.39 of Vella Village, Ramachandrapuram Mandal, E.G.District is contrary to the object of Section 5-A of L.A. Act, contrary to the ratio laid down in the decision reported in 2004(8) SSC 453, 2005(7) SSC 267 and also violative of principles of natural justice and consequently direct the respondents 1 and 2 and the persons claiming through them not to proceed with acquisition. Counsel for the Petitioners: MR.MEHERCHAND NOORI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.11994 of 2008 ORDER: This writ petition is filed seeking a declaration that the action of the first respondent in issuing notification, dated 28.05.2008, under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) acquiring the lands belonging to the petitioners situated in Vella village, Ramachandrapuram Mandal, is arbitrary and illegal. A perusal of the impugned notification shows that the land in question is sought to be acquired for providing house sites to the weaker sections under Indiramma Housing Scheme Phase-III and while invoking Section 17(4) of the Act, enquiry under Section 5A of the Act was dispensed with. The petitioners assailed the acquisition under the impugned notification on various grounds, including that alternative land is available in the vicinity and therefore, the proposed acquisition is unwarranted. All these objections require consideration by the competent authority. Particularly since the purpose for which the land is sought to be acquired does not warrant invoking the urgency clause under Section 17(4) of the Act, thereby depriving the petitioners an opportunity to raise their objections, I deem it appropriate to direct the respondents to conduct an enquiry as contemplated under Section 5-A of the Act. In the circumstances, the writ petition is disposed of setting aside the impugned notification to the extent of invoking urgency clause under Section 17(4) of the Act and with a direction to the respondents to conduct enquiry under Section 5A of the Act following due process of law after issuing due notice to all the land owners. No costs. _______________ 12.06.2008 Note: Issue CC in three days. (b/o) VGB