THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 1957 of 2008 Dated: 05.02.2008 Between: L. Hymavathi & others. … Petitioners AND The Government of A.P., rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others. … Respondents Counsel for the petitioners : Sri M. Krishna Rao Counsel for the respondents : Assistant Government Pleader for Land Acquisition THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 1957 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to set aside notice dated 07.12.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’), whereby certain lands belonging to the petitioners mentioned in the writ petition are proposed to be acquired. Heard Sri M. Krishna Rao, learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. A perusal of the impugned notification shows that the proposed acquisition is intended for providing house sites to the displaced persons under Vamshadhara Project. The notification further shows that the respondents invoked the provisions of Section 17(4) of the Act and dispensed with enquiry under Section 5A of the Act. Learned counsel for the petitioners submitted that dispensing with the enquiry amounts to arbitrary exercise of power. I have considered this submission of the learned counsel and I find force in the same. The provisions of Section 5A provide for a valuable opportunity to the land owners to put-forth their objections against the proposed acquisition and such an opportunity cannot be denied to them unless there is genuine urgency for acquiring the lands. In my considered view, the purpose, namely, providing house sites to the displaced persons under a project is not so urgent in nature as to warrant dispensing with the enquiry under Section 5A of the Act. In view of the same, the portion of the impugned notification by which enquiry is dispensed with is quashed. The respondents are directed to hold enquiry under Section 5A of the Act before seeking to proceed further with the proposed acquisition. Subject to the above observation, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.2474 of 2008 filed by the petitioners for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 05.02.2008 ES