THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No. 27963 of 2008 DATED: 24.12.2008 Between: Gulam Ahmed ……Petitioner AND The Special Deputy Collector, L.A. Greater Hyderabad Municipal Corporation Lower Tankbund Road, Hyderabad and others . ….Respondents THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No.27963 of 2008 ORDER: This writ petition is filed seeking a writ of Mandamus declaring the notification dated 02.09.2008 published under Section 4 (1) of the Land Acquisition Act, 1894 acquiring certain extents of land situated in Shaher-e-Hyderabad Village for the purpose of widening the road from Himmathpura Junction to Chandrayangutta, Hyderabad District, as arbitrary and illegal. As could be seen from the impugned notification, the urgency clause under Section 17 (4) of the Land Acquisition Act, 1894 (for short ‘the Act’’) was invoked, thereby dispensing with the enquiry under Section 5-A of the Act. The impugned notification has been challenged primarily on the ground that the action of the respondents in dispensing with the enquiry under Section 5-A of the Act, thereby depriving the petitioner to raise his objections is arbitrary, illegal and unwarranted. Heard the learned counsel for both parties. The fact that though the notification was published in the month of September, 2008, the possession has not yet been taken itself shows that there is no urgency as such and the respondents could have given an opportunity to the petitioner to raise his objections. Sri R. Radha Krishna Reddy, who accepted notice for the second respondent-Corporation, under instructions, stated that if any objections are submitted by the petitioner within a specific time, the same would be considered by the respondents. Accordingly, the writ petition is disposed of permitting the petitioner herein to raise his objections, if any, within a period of two weeks from the date of receipt of a copy of this order. If any such objections are received, the third respondent shall consider the same and pass appropriate orders in accordance with law, before proceeding further. Till such time, there shall be stay of dispossession of the petitioner from the land in question. No costs. -------------------------- 24th December, 2008 NOTE:- Issue C.C. by Monday (By Order) bud THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No.27963 of 2008 DATED:24.12.2008