THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.21517 of 2008 ORDER: The petitioners claim to be the owners of the land in various survey numbers of Manga Nellore Village, Sullurpet Mandal, Nellore District. The respondents proposed to acquire the land of the petitioners by publishing a notiﬁcation under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), on 28.07.2008. Declaration under Section 6 of the Act was published on the next day i.e. on 29.07.2008. The petitioners challenge the proceedings issued by the respondents. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The notiﬁcation under Section 4(1) of the Act was published on 28.07.2008. It was not even mentioned that the enquiry under Section 5-A of the Act was dispensed with. Still, the District Collector, the ﬁrst respondent herein, has published the declaration under Section 6 of the Act on the next day itself i.e. on 29.07.2008. This fact itself is suﬃcient to demonstrate the lack of application of mind to the facts of the case. It is just ununderstandable as to how a declaration under Section 6 of the Act was published almost simultaneously with the notiﬁcation under Section 4(1) of the Act, even when, the enquiry under Section 5-A was not dispensed with. Be that as it may, the purpose namely digging of a branch canal cannot be said to be such an urgent one, as to dispense with the enquiry under Section 5-A of the Act. The only remedy available to a citizen in the context of compulsory acquisition cannot be taken away, in a casual and capricious manner. On this short ground, the writ petition is allowed and the declaration under Section 6 of the Act published on 29.07.2008 is set aside. The respondents are directed to cause enquiry under Section 5-A of the Act and take further steps depending on the outcome of the enquiry. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt: 29.09.2008. kdl