THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.17742 of 2008 ORDER: The petitioners claim to be the owners of diﬀerent extents of land in Sy.No.53 of Pottibasavayapalli Village of Arthaveedu Mandal, Prakasam District. The 1st respondent published notiﬁcation under Section 4(1) of the Land Acquisition Act, on 09-07-2008, proposing to acquire Ac.35.58 cents of land in Sy.No.53, of that village. The inquiry under Section 5-A of the Act was dispensed with. The declaration under Section 6 was published on 01-08- 2008. The petitioners raised objection, as to the acquisition of land, on several grounds. It is stated that the total extent of land in Sy.No.53 is, Ac.84.95 cents, whereas it was shown, as though it is Ac.35.58 cents. It is also stated that there is no clear demarcation of the land, proposed to be acquired, and that persons, totally unconnected with the lands, were shown in the notification, as pattadars, or enjoyers. Heard the learned counsel for the petitioners, and learned Government Pleader for Land Acquisition. The acquisition of the land in Sy.No.53 is for the purpose of an Irrigation Project. It is not as if the land is needed in the context of sudden change of course, of a river, in which event, dispensing with inquiry under Section 5-A of the Act could have been justified. The project comprises of construction of a dam, and excavation of canals. Its execution takes years together. The planning and disigning of project is a process, which has commenced several years ago. The respondents cannot exhibit urgency, when it comes to the question of conducting of inquiry, under Section 5-A of the Act, which hardly takes one month. There is no justiﬁcation on the part of the respondents, in dispensing with inquiry under Section 5-A of the Act. Hence, the writ petition is allowed in part, setting aside the declaration, under Section 6 of the Act, published on 01-08-2008. The respondents shall conduct inquiry under Section 5-A of the Act; and it shall be open to the petitioners to put forward all their objections, in the inquiry. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt:22-09-2008. KO