THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.7659 of 2008 ORAL ORDER: The land belonging to the petitioners situated in Sy.Nos.242/1C, 242/1A, 2 and 252 of Throvagunta Village, Ongole Mandal, Prakasam District, is sought to be acquired under the provisions of the Land Acquisition Act, 1894 (for short, "the Act") for the purpose of construction of Minor Canals of Kandula Obula Reddy Gundlakamma Reservoir Project. Notification under Section 4(1) of the Act was published on 15.10.2007 under which the enquiry under Section 5-A of the Act was dispensed with. Thereafter, draft declaration under Section 6 of the Act was made on 26.10.2007. The notification under Section 4(1) as well as the declaration made under Section 6 of the Act have been challenged in this writ petition contending inter alia that having regard to the public purpose for which the land is sought to be acquired, the respondents were not justified in invoking urgency clause under Section 17(4) of the Act and the respondents ought to have given an opportunity to the petitioners to raise their objections to the proposed acquisition. It is also brought to my notice that under identical circumstances in W.P.No.5448 of 2007 and etc., by order dated 17.12.2007, this Court set aside the declaration under Section 6 of the Act and permitted the petitioners therein to submit their objections under Section 5-A of the Act. In the circumstances, the declaration dated 26.10.2007 is set aside and the writ petition is disposed of with a direction to the respondents to hold the enquiry under Section 5-A of the Act and then take necessary steps following due process of law. No costs. 03.7.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.7659 of 2008 Between: 1 Matneni Venklaiah S/o. Kotaiah R/o. Throvagunda (V), Ongole (M), Prakasam District. 2 Karanam Radha Krishna Murthy S/o. Ankuratnam R/o. Chekurupadu ( V ), N.G.Padu ( M ), Prakasam District. 3 Devabathina Paradesi S/o. Rabhavulu R/o. Throvagunta (V), Ongole (M), Prakasam District. 4 Voddineni Subba Rao S/o. Kotaiah R/o. Chekurupadu (V), N.G.Padu(M), Prakasam District. 5 Chrikuri Rama Kotaiah @ Rama Koti, S/o. Seshaiah, R/o. Naguluppalapadu Village & Mandal, Prakasam District. 6 Chunduri Syamalamma, W/o. Venkateswarlu, R/o. Naguluppalapadu Village & Mandal, Prakasam District. 7 Chunduri Venkateswarlu, S/o. China Venkaiah, R/o. Naguluppalapadu Village & Mandal, Prakasam District. 8 Chunduri Adeaiah, s/o. China Venkaiah, R/o. Naguluppalapadu Village & Mandal, Prakasam District. ..... PETITIONERS AND 1 The District Collector, Prakasam District, Ongole. 2 Special Collector (Land Acquisition) Poola Subbaiah Veligonda Project, Ongole, Prakasam District. 3 Special Deputy Collector (Land Acquisition) Poola Subbaiah Veligonda Project, Unit-II, Markapur, Prakasam District. 4 Government of Andhra Pradesh, Rep. by its Principal Secretary, I & CAD Department, Secretariat, Hyderabad. .....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 in the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing the Notification in From-2A in Rc.No. D1/541/2007 dated 15-10-2007 under Section 4(1) of the Land Acquisition Act, 1894 and the Notification issued in From-5A in Rc.No.D1/541/2007 dated 26-10- 2007 under Section 6 of the Land Acquisition Act, 1894 as illegal, arbitrary, violative of Arty.14, 21 and 300A of the Constitution of India in sofar as the lands of the petitioners situated in Sy.Nos.242/1C, 242/1A,2 and 252 of Throvagunta Village, Ongole Mandal, Prakasam district are concerned and consequently to direct the respondents to refrain taking any further steps pursuant to the impugned notifications and to pass Counsel for the Petitioner: Mr. MADHAVA RAO NALLURI Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: