V BUCHI RAJAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are the owners of lands in Kodapur, Kodimial, Cheppiyal and Pudur Villages of Kodimial Mandal, Karimnagar District. The Special Collector, Land Acquisition, issued a notification dated 22.01.2010 under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') proposing to acquire the lands. He invoked the urgency clause under Section 17(4) of the Act and dispensed with the enquiry under Section 5A thereof. The declaration under Section 6 of the Act was published on 05.02.2010. The petitioners challenge the proceedings on several grounds including the one relating to invocation of the urgency clause. They contend that the alignment of the canal was designed in such a way that it passes through a private land, though a vast extent of Government land is available. They further submit that the acquisition would result in deprivation of their only source of livelihood. In the counter affidavit filed on behalf of the respondents, it is stated that the urgency clause was invoked to complete the project at the earliest.

(2.) Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition.

(3.) The officials of the Irrigation and Revenue Departments virtually have become insensitive to the rights of the citizens particularly in the Telangana Area. The enquiry under Section 5A of the Act is the only protection available to a citizen in the context of compulsory acquisition. Section 17(4) of the Act provides for dispensing with the enquiry only when the execution of work cannot wait for 30 days, which is needed for such enquiry. It is to be invoked in cases such as where the river suddenly changes its course, or where the land is needed for emergency purposes.