THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.7822 of 2007 ORDER: The District Collector, West Godavari District, second respondent herein, published a notification dated 11.02.2007 under Section 4(1) of the Land Acquisition Act, 1894 (‘the Act’ for short) proposing to acquire the land to an extent of Acs.14.00 in various survey numbers situated at Parimpudi Village, Koyyalagudem Mandal, West Godavari District. Land to an extent of Acs.2.00 in survey No.296/1 owned by the petitioners was also included in it. The petitioners objected the acquisition proceedings on various grounds. They contend that dispensing with enquiry under Section 5-A of the Act is untenable, having regard to the purpose of the acquisition. The respondents filed a counter affidavit furnishing various particulars relating to the acquisition. An attempt is made to justify dispensing with the enquiry under Section 5-A of the Act on the ground that the land is urgently needed. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The acquisition is for providing house sites that necessity has not arisen overnight. Time and again this Court held that the only protection available to a citizen in the context of compulsory acquisition i.e., enquiry under Section 5-A of the Act cannot be dispensed with mechanically. As a matter of fact, impugned notification was challenged by owner of one of the items proposed to be acquired by filing W.P.No.4158 of 2007. The said writ petition was partly allowed by the Court through order dated 28.01.2008 directing that enquiry under Section 5-A of the Act be held. This Writ Petition is also partly allowed in terms of order dated 28.01.2008 in W.P.No.4158 of 2007. It is left open to the petitioners to urge all the grounds in the course of enquiry under Section 5-A of the Act. The authority conducting enquiry under Section 5-A of the Act shall issue notice to all the affected parties. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY, J 07th June, 2010 GHN