Petitioners challenged a land acquisition notification invoking urgency and dispensing with Section 5-A enquiry. The court held the action irrational, directed the government to issue notice for objections, and stayed possession pending the enquiry outcome.
Nil
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HONOURABLE SRI JUSTICE GODA RAGHURAM
WRIT PETITION No. 25456 of 2006
DATED: 8-12-2006
Between: Vaddy Narsanna and others …Petitioners and The Govt. of A.P., represented by the District Collector, Kurnool and others. …Respondents.
HON’BLE SRI JUSTICE GODA RAGHURAM
W.P.No. 25456 of 2006
ORAL ORDER:
The petitioners lands are sought to be acquired by the issuance of a notification, dated 2-11-2006, under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’). Urgency clause has been invoked under Section 17 (4) of the Act and enquiry under Section 5-A of the Act has been dispensed with mechanically without due application of mind, is the complaint.
The impugned notification states that the acquisition is for the purpose of construction of houses under General Public Scheme by APHB. This requirement is not of such an emergent nature as would justify invocation of the urgency clause and dispensing with the enquiry under Section 5-A of the Act. The enquiry under Section 5-A of the Act is a salutary statutory provision intended for affording a reasonable opportunity to the owners of the lands to object to the acquisition on any relevant grounds as they wish to submit.
In the aforesaid circumstances, the decision in the impugned notification to invoke the urgency clause and dispensing with the enquiry under Section 5-A of the Act is declared irrational and unsustainable. The respondents are directed to issue notice to the petitioner for submission of objections, if any, to the proposal to acquire the lands. On the petitioners’ submitting their objections within the time stipulated in the notice, the same shall be considered and an
appropriate decision taken duly communicating the decision to the petitioners simultaneously with the recommendations made after the enquiry under Section 5-A of the Act by the acquiring authority. The petitioners shall not be dispossessed pending communication of the decision to them consequent on the enquiry under Section 5-A of the Act.
The writ petition is disposed of as above at the stage of admission, after hearing the learned counsel for the petitioners and the learned Government pleader for Land Acquisition. There shall, however, be no order as to costs.
_______________________ GODA RAGHURAM, J
8-12-2006 GRR/IBL
3 issues framed by the court
Whether invocation of urgency clause under Section 17(4) is justified when survey is dispensed with mechanically.
Whether dispensing with Section 5-A enquiry without proper hearing is sustainable.
Whether acquisition proposal can proceed without issuing notice for objections to petitioners.
3 provisions across 1 enactments
Vaddy Narsanna and others
The Govt. of A.P.
GODA RAGHURAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
