WP/27147/2006 of G. Venkat Rama Rao S/o Chandrashekar Rao Vs Government of A.P., rep by its Principal Secretary, on 29 December 2006

ORAL ORDER:

The petitioner’s land is sought to be acquired by the issuance ofa notification, dated 9-11-2006, under Section 4 (1) of the LandAcquisition Act, 1894 (for short ‘the Act’). Urgency clause has beeninvoked under Section 17 (4) of the Act and enquiry under Section 5-Aof the Act has been dispensed with mechanically without dueapplication of mind, is the complaint.

The impugned notification states that the acquisition is for thepurpose of allotment of house-sites for weaker sections. Thisrequirement is not of such an emergent nature as would justifyinvocation of the urgency clause and dispensing with the enquiryunder Section 5-A of the Act. The enquiry under Section 5-A of the Actis a salutary statutory provision intended for affording a reasonableopportunity to the owners of the lands to object to the acquisition onany relevant grounds as they wish to submit.

In the aforesaid circumstances, the decision in the impugnednotification to invoke the urgency clause and dispensing with theenquiry under Section 5-A of the Act is declared irrational andunsustainable. The respondents are directed to issue notice to thepetitioner for submission of objections, if any, to the proposal toacquire the lands. On the petitioner’s submitting his objections within the time stipulated in the notice, the same shall be considered and anappropriate decision taken duly communicating the decision to thepetitioner simultaneously with the recommendations made after theenquiry under Section 5-A of the Act by the acquiring authority. Thepetitioner shall not be dispossessed pending communication of thedecision to them consequent on the enquiry under Section 5-A of theAct.

The writ petition is disposed of as above at the stage ofadmission, after hearing the learned counsel for the petitioner and thelearned Government pleader for Land Acquisition. There shall,however, be no order as to costs.

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GODA RAGHURAM, J

29-12-2006GRR