IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JANUARY, TWO THOUSAND AND EIGHT. THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1467 of 2008 Between: Tankodara Mahanti … Petitioner AND The Government of Andhra Pradesh, Reptd., by the District Collector, Srikakulam and Two others. …. Respondents Counsel for the petitioners: Sri O.Manohar Reddy. Counsel for the respondents: Asst. Government Pleader for Land Acquisition. THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1467 of 2008 ORDER:- This Writ Petition is filed for a Writ of Certiorari to quash notification dated 18-12-2007 and declaration dated 7-12-2007 issued under Sections 4(1) and 6 of the Land Acquisition Act, 1894 (for short “the Act”) respectively, whereby an extent of Ac.1.33 cents of land, belonging to the petitioner, comprised in Survey No.280 of Mahasinghi Village, Hamlet of Karlemma, Kottur Mandal, Srikakulam District, is proposed to be acquired, along with other lands, for the purpose of providing house sites to displaced persons under Vamsadhara Project. Heard Sri O.Manohar Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. Learned counsel for the petitioner submitted that the purpose of acquisition, as mentioned in the impugned notification, is not so urgent as to warrant invocation of urgency clause under Section 17(4) of the Act. I see force in this contention of the learned counsel for the petitioner. Section 5-A provides a valuable opportunity to the owners of the lands, who intend to object to the proposed acquisition and such a valuable opportunity cannot be denied to them unless the purpose of acquisition is such that it does not brook even the minimum delay caused in holding of enquiry under Section 5-A of the Act. (See the decision of the Supreme Court in HINDUSTAN PETROLEUM CORPN. LTD. V. DARIUS SHAPUR CHENAI(1)). Having regard to the purpose of acquisition, viz., provision of house sites to the displaced persons of Vamsadhara Project, I am of the considered view that the respondents are not justified in dispensing with the enquiry under Section 5-A of the Act by invoking the urgency clause. For the aforementioned reasons, declaration dated 7-12- 2007 issued under Section 6 of the Act is quashed. Respondents 2 and 3 are directed to hold enquiry under Section 5-A of the Act by giving an opportunity of personal hearing to the petitioner before proceeding further with the proposed acquisition. The Writ Petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, WPMP No.1756 of 2008 is dismissed as infructuous. C.V.NAGARJUNA REDDY,J Note: Issue CC in three days. (BO) MNR (1) AIR 2005 SC 3520.