IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) Dated 12th December, 2011 PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.29383 of 2011 Between: Pappula Surya Rao & others. … Petitioners And The Collector and District Magistrate East Godavari District, Kakinada & others. … Respondents Counsel for the petitioners: Sri B.V.S.S.B.K.Ranjit Counsel for respondent Nos.2 and 3: GP for Land Acquisition This Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in acquiring the petitioners’ land without following due process of law, as illegal and arbitrary. The petitioners are the owners of Ac.0.64 cents in Sy.No.75/10B, Ac.1.61 cents in Sy.No.75/11A, Ac.0.87 cents and Ac.0.98 cents in Sy.No.74/2B of Peddanapalli Village, Yelaswaram Mandal, East Godavari District. The said lands were acquired for Puskara Lift Irrigation Scheme. The petitioners pleaded that without following the due procedure, the respondents have acquired their lands and that, they came to know about the said acquisition only on receipt of notice, dated 03.10.2011. The petitioners further pleaded that there is no need for acquiring their lands, as alternative lands are available for implementation of the said scheme. A counter-affidavit is filed by the Special Deputy Collector (Land Acquisition)-respondent No.2, wherein it is inter alia stated that the petitioners are well aware of the land acquisition proceedings initiated by the respondents. It is pleaded that notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was published on 30.04.2007, draft declaration under Section 6 of the Act was published on 12.06.2007, consent award was passed on 08.03.2008 and possession of the land was taken on 10.01.2008. It is further averred that in representation, dated 25.10.2011, the petitioners have clearly admitted passing of consent award and have demanded a sum of Rs.25 lakhs per acre as compensation. Since there was a serious dispute as to the consent stated to have been given by the petitioners, this Court has called for the record. Accordingly, the learned Assistant Government Pleader for Land Acquisition has produced the record and she has fairly conceded that by their objection petition, the petitioners have opposed the proposed acquisition; that, however, in the last para they have requested for awarding a sum of Rs.25 lakhs per acre. Under Section 11(2) of the Act, if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land appeared before him and have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by the rules made by the appropriate Government, he may, without making further enquiry, make an award according to terms of such agreement. The State Government has framed the A.P. Land Acquisition (Negotiations Committee) Rules, 1992, (for short the “Rules”), which envisaged procedure for holding negotiations with the land owners for passing a consent award under Section 11(2) of the Act. As per the procedure laid down under these Rules, the District Collector will head the Negotiations Committee as envisaged under Rule-4 of the Rules. The land owners are required to sign the agreement and the affidavit in Form Nos.3 and 4 before a consent award is passed. In the instant case, learned Assistant Government Pleader for Land Acquisition submitted that except the petitioners, all others have participated in the negotiations and signed Form Nos.3 and 4. In view of the above facts, passing of consent award in the case of the petitioners’ lands cannot be sustained. The respondents ought to have passed an award under Section 11(1) of the Act, so that the petitioners would have been in a position to approach the competent civil Court seeking enhancement of compensation if they are not satisfied with the compensation fixed by the respondents. This Court is, therefore, of the opinion that the award passed in respect of the lands of the petitioners cannot be sustained and the same is, accordingly, set aside. Respondent No.3 is directed to issue fresh notices under Sections 9(1) and 10, and 9(3) and 10 of the Act, insofar as it relates to the petitioners’ lands only as shown in this Writ Petition. After considering the objections, if any, filed by the petitioners, respondent No.3 shall pass a fresh award under Section 11(1) of the Act, unless the petitioners give their consent as per the above-mentioned Rules. In the event of such consent being given, respondent No.3 shall pass an award under Section 11(2) of the Act. He shall complete this exercise within a period of two months from the date of receipt of a copy of this order. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.36378 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 12th December 2011 DR