HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.19038 OF 2010 ORDER: The lands of the petitioners and certain others were acquired through notifications, dated 08-03-2008, under Section 4 (1) of the Land Acquisition Act, 1894 (for short ‘the Act’) for the purpose of Hindrinuva canal. Declaration under Section 6 of the Act was also published on 12-03-2008. The petitioners state that along with others, they too expressed their grievance to take the compensation by consent and deposit the same. The Land Acquisition Officer, 3rd respondent herein, has passed an award on 04-03-2010 under Section 11 of the Act, fixing the market value for the lands at Rs.50,000/- per acre. They submit that within one week thereafter, the 3rd respondent passed consent award in favour of several other persons, covered by the same notification, at Rs.90,000/- per acre. They seek a writ of Mandamus to declare the action of the 3rd respondent in passing the award on 04-03-2011 as illegal and arbitrary, and to set aside the same. 2. On behalf of the respondents, a counter – affidavit is filed. It is stated that the petitioners insisted that compensation must be paid at not less than Rs.1,20,000/- per acre, and since the Department was prepared to pay the compensation with consent at the rate of Rs.90,000/-, the award under Section 11 of the Act was passed in respect of the lands of the petitioners. 3. Heard the learned counsel for the petitioners and learned Government Pleader of Land Acquisition. 4. It is no doubt true that steps were taken by the authorities of the Government on the one hand, and the owners of the land on the other, for passing the consent award. However, the petitioners appear to have insisted that they must be paid compensation at not less than Rs.1,20,000/- per acre. The agreement with others was arrived at for Rs.90,000/- per acre. Obviously, there was no alternative for the 3rd respondent except to pass the usual award under Section 11 of the Act in respect of the lands of the petitioners. Once the award is passed, this Court cannot set aside the same on the ground that the consent award was passed at a subsequent point of time in relation to others. Even now, the petitioners can seek reference of the matter to a civil Court and if they are prepared to receive the compensation at the rate of Rs.90,000/- per acre, the Civil Court can take the same into account. 5. Hence, the Writ Petition is disposed of directing that, a) It shall be open to the petitioners to seek reference under Section 18 of the Land Acquisition Act, 1894 within a period of six (6) weeks from today, in case, no application for that purpose was not filed so far. b) The 3rd respondent shall refer the matter to the Civil Court, which in turn, shall take into account the purport of consent awards, if any, covering the same notification. 6. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J February 28, 2011. KTL