WP/27185/2006 of Smt.Vanjarapu Kurmamma Vs The District Collector,Srikakulam on 29 December 2006

ORAL ORDER:

The petitioners lands are sought to be acquired by the issuanceof a notification, dated 11-7-2006, 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 draft notification underSection 6 of the Act has been issued on 14-7-2006.

The impugned notification states that the acquisition is for thepurpose of allotment of house-sites pattas 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 the petitioners for submission of objections, if any, to the proposal toacquire the lands. On the petitioners submitting their objections withinthe time stipulated in the notice, the same shall be considered and anappropriate decision taken duly communicating the decision to thepetitioners simultaneously with the recommendations made after theenquiry under Section 5-A of the Act by the acquiring authority. Thepetitioners shall not be dispossessed pending communication of thedecision to them consequent on the enquiry under Section 5-A of theAct. The draft declaration dated 14-7-2006 issued under Section 6 ofthe Act, is quashed.

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