THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.17496 of 2008 ORAL ORDER: The petitioners herein claim to be the owners and possessors of land situated in Sy.No.70/3 of Kummarilova village, hamlet of Rekavanipalem, Tuni Mandal, East Godavari District. By notification dated 28.06.2008, published under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act"), the said land was sought to be acquired for execution of Indira Sagar Project (Polavaram) Left Main Canal. While invoking urgency clause under Section 17(4) of the Act, enquiry under Section 5-A of the Act was also dispensed with. The said notification is challenged in this writ petition contending inter alia, that the proposed acquisition is arbitrary, illegal and unwarranted. The learned counsel for the petitioners contended that if only an opportunity is given to the petitioners, they would have submitted their objections to the acquisition before the Land Acquisition Officer. The learned Government Pleader under instructions submitted that no declaration is made under Section 6 of the Act so far and in similar circumstances in respect of the land covered by the same notification, the persons in occupation were given an opportunity to raise their objections under Section 5-A of the Act. In the circumstances, the writ petition is disposed of permitting the petitioners herein to submit their objections before the respondents within a period of two weeks from the date of receipt of a copy of this order. If any such objections are submitted, the respondents shall consider the same and pass appropriate orders in accordance with law. Till such time, petitioners shall not be dispossessed from the land. 18.08.2008. Issue CC in three days (Bo) Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.17496 of 2008 Between: 1 Smt. Bokam Ramanamma W/o. Talupulayya @ Gandhi R/o. Kummarayilova, Tuni Mandal, East Godavari District. 2 Bokam Cheeranjeevi S/o. Appala Naidu R/o. Kummarayilova, Tuni Mandal, East Godavari District. 3 Bokam Jameelu S/o. Apparao, R/o. Kummarayilova, Tuni Mandal, East Godavari District. 4 Smt. Gollu Ramya W/o. Chinababu @ Chinni, R/o. H.No.8-2-293/f-32, Swamy Vivekananda Nagar, Filmnagar Road, Hyderabad. 5 Smt. Kannuri Kumari W/o. Venkata Ramana, R/o. Latchannapalem, Makavarampalem Mandal, Visakhapatnam District. 6 Uppalapati Subrahmanya Bhaskara Butchi Seetharamaraju, S/o. Venkatapathi Raju, R/o. Balaji Road, Tuni, East Godavari District. 7 Kukkadapu Ratnaji S/o. Radhakrishna R/o. Kothapeta, Tuni, East Godavari District. 8 Kukkadapu Trinadha Rao S/o. Nukaraju R/o. Kothapeta, Tuni, East Godavari District. 9 Kukkadapu Nukaraju S/o. Radhakrishna R/o. Kothapeta, Tuni, East Godavari District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, rep. by its Secretary, Irrigation Department, Secretariat Buildings, Hyderabad. 2 Special Collector (L.A.), Indirasagar Project, Rajahmundry, East Godavari District. 3 Special Collector (L.A.), Indirasagar Project, Left Main Canal Unit-II, Yelamanchili, Visakhapatnam 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 an appropriate writ, direction or order more particularly the one in the nature of writ of mandamus declaring the action of the 2nd respondent in issuing notification No.B1/548/2008 dated 28.06.2008 proposing to acquire Ac.16-96 cents of the land in Sy.No.70/3 of Kummarilova Village, Hamlet of Rekavanipalem, Tuni Mandal, East Godavari District as illegal, arbitrary, mala fide, unjust and against the principles of natural justice and opposed to the provisions of the Land Acquisition Act and is not for any public purpose and that there are no circumstances warranting to dispensing with of Section 5A enquiry and to consequently set aside the notification and to pass Counsel for the Petitioner: Mr. K. JYOTHI PRASAD Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: