HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO.14742 of 2006 Date: 20-07-2006 Between: Bhimavarapu Nagi Reddy and another …PETITIONERS a n d Collector, Krishna District, at Machilipatnam and another …RESPONDENTS HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO.14742 of 2006 ORDER: The petitioners’ lands are sought to be acquired by the issuance of a notification dated 05.07.2006 under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Urgency clause had been invoked under Section 17 (4) of the Act and the enquiry under Section 5-A of the Act had been 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 to backward people. 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 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 dispense with the enquiry under Section 5-A of the Act is declared irrational and unsustainable. The respondent is directed to issue notice to the petitioners for submission of objections if any for the proposal to acquire their lands. On the petitioners submitting their objections within the time stipulated in the notice, the same shall be considered and an appropriate decision shall be taken duly communicating the decision to the petitioners simultaneously with the recommendations made after the enquiry under Section 5-A of the Act by the acquiring authority. The petitioners shall not be dispossessed pending communication of the decision to the petitioners 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 petitioners and the learned Government Pleader for Land Acquisition. There shall however be no order as to costs. -------------- 20-07-2006 cvrk HON’BLE SRI JUSTICE GODA RAGHURAM W.P.NO.14742 of 2006 Date: 20-07-2006 Cvrk