THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4158 of 2007 Date: 28.01.2008 Between: Maturi Panduranga Rao … Petitioner AND Govt. of A.P., Rep by Principal Secretary, Revenue (Land Acquisition), Hyderabad. & others. … Respondents Counsel for the petitioner: Sri T.V.S.Prabhakar Rao Counsel for respondents: A.G.P. for Land Acquisition HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4158 of 2007 ORDER:- This writ petition is filed for a writ of mandamus to set aside notification dated 11.2.2007 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”). At the hearing, the learned counsel for the petitioner submitted that the proposal to acquire the petitioner’s agricultural land without its conversion for non-agricultural purposes is contrary to the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006. Learned counsel also submitted that since the purpose of acquisition is to provide house-sites to weaker sections, invocation of urgency clause under Section 17(4) of the Act and dispensing with enquiry under Section 5A of the Act is illegal. As regards the first contention, the same is liable to be rejected in view of judgment dated 28.12.2007 of this Court in W.P.No.18881 of 2006 and Batch. As regards the second contention, I find the same well founded. The purpose of providing house-sites is not so urgent in nature as to warrant dispensing with enquiry under Section 5A of the Act. The provisions of Section 5A of the Act provide for a valuable opportunity of submitting objections by the land owners against the proposed acquisition and such an opportunity cannot be denied to them unless a bonafide and grave urgency is involved. In view of the same, the writ petition is partly allowed. Respondents are directed to hold enquiry under Section 5A of the Act before proceedings further with the proposed acquisition. ___________________________ C.V.NAGARJUNA REDDY,J Date:28.01.2008 mdaa