IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8157 of 2008 Between: T. Sridevi, W/o. T. Subramanyam Naidu, R/o. M. Kothur Village, Nagari Mandal, Chittoor District. ..... PETITIONER AND 1 The Govt. of A.P., Rep. by its District Collector, Chittoor District, Chittoor. 2 The Land Acquisition Officer-cum-Revenue Divisional Officer, Chittoor. 3 The Tahsildar, Nagari Mandal, Chittoor 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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the notification in Form-2A vide proceedings LASW/13493/2007, dt. 07.11.2007 issued by the 1st Respondent under Sec.4(1) of the Land Acquisition Act in respect of the agricultural lands of the petitioner admeasuring Acs.1.16 Cts. in Sy.No.126/1, situated in Mangadu Village, Nagari Mandal, Chittoor District, as arbitrary, discriminatory, illegal and contrary to law and consequently set aside the same and with all other consequential benefits and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Sri V.JAGAPATHI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8157 of 2008 ORDER: This writ petition is filed questioning the notification dated 07.11.2007 issued by the 1st respondent under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”), whereunder the land of the petitioner admeasuring Ac.1.16 cents in Sy.No.126/1 of Mangudu village of Nagiri Mandal in Chittoor District, was sought to be acquired. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. The petitioner seeks to assail the impugned notification on various grounds. Having perused the notification issued under Section 4(1) of the Act, this Court is satisfied that the action initiated by the land acquisition authorities is bad in law. As per the said notification, the land of the petitioner was sought to be acquired for the purpose of providing house sties to weaker section families of M.Kothur Gram Panchayat, and the enquiry under Section 5-A of the Act was dispensed with, by invoking urgency clause under Section 17(4) of the Act. In my considered view, the purpose mentioned in the impugned notification cannot be said to be emergent in order to invoke the provisions of Section 17(4) of the Act and to dispense with enquiry under Section 5-A of the Act. In that view of the matter, this Court is of the view that the respondent-authorities are not justified in dispensing with enquiry under Section 5-A of the Act. Therefore, the writ petition is disposed of directing the 2nd respondent-Land Acquisition Officer to hold an enquiry under Section 5-A of the Act, and as now the petitioner is aware of the enquiry to be conducted by virtue of this order, she may approach the respondent- authorities and file her objections to the acquisition. On filing such objections, the 2nd respondent may, after affording an opportunity of personal hearing to the petitioner, prepare a report and submit the same to the 1st respondent for further orders. There shall be no order as to costs. __________________________ (GOPALA KRISHNA TAMADA, J) 16.04.2008 sh To 1 The District Collector, Chittoor District, Chittoor. 2 The Land Acquisition Officer-cum-Revenue Divisional Officer, Chittoor. 3 The Tahsildar, Nagari Mandal, Chittoor District. 4 2CCs to G.P for Land Acquisition, High Court of A.P., Hyderabad. 5 2CD copies