HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.32799 of 2011 Date:14.12.2011 Between: Medisetty Venkata Rathaiah ..... Petitioner And: District Collector, Krishna District At Machilipatnam and two others. .....Respondents Counsel for the Petitioner: Sri V.Subrahmanyam Counsel for the Respondents: GP for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to set aside Award No.18/2010, dated 18.12.2010, and consequential notice of award, dated 18.10.2011, issued by respondent No.2 under Section 12(2) of the Land Acquisition Act, 1894 (for short ‘the Act’). I have heard Sri V.Subrahmanyam, learned counsel for the petitioner and perused the record. The petitioner is the owner of agricultural lands admeasuring Ac.0.23 cents in Sy.No.22/2, Ac.0.29 cents in Sy.No.22/4, Ac.0.29 cents in Sy.No.22/5, Ac.0.83 cents in Sy.No.22/8B and Ac.4.18 cents in Sy.No.327/1 of Vallurupalem, Thotavalluru Mandal, Krishna District. The petitioner averred that he has gifted the said land to his daughter-Smt Phani Priya on 21.07.2004. When a proposal for acquisition of the above-mentioned land for providing house sites to the poor people was made in 2003, the petitioner is stated to have made a representation on 11.11.2003 to the District Collector not to acquire the land. The petitioner alleged that subsequently the acquisition proceedings are withdrawn by the Sub-Collector on 23.05.2005. It is the further case of the petitioner that subsequently, a fresh notification under Section 4(1) of the Act was issued on 28.11.2008 and that he was asked to be present in the enquiry under Section 5-A of the Act before respondent No.2 on 19.01.2009. The petitioner is stated to have filed his written objections on 15.01.2009. The petitioner further averred that on his representation, respondent No.1 passed order on 21.12.2009 directing the Mandal Revenue Officer, Thotlavalluru, Krishna District, to issue withdrawal notification; that the respondents, however, have gone ahead with the acquisition proceedings and passed Award No.18/2010, dated 18.12.2010, fixing compensation of Rs.23,78,691/- for Ac.5-82 cents of land. On 18.10.2011, a notice under Section 12(2) of the Act was received by the petitioner. In the present Writ Petition, the petitioner has questioned the acquisition proceedings on the ground that on earlier occasion, similar proceedings were withdrawn and that the petitioner’s objections were not properly considered by respondent No.2. The facts stated above would show that award was passed as far back as 18.12.2010. If the petitioner was serious about his objections to the acquisition, he should have questioned the declaration, dated 18.06.2009, issued under Section 6 of the Act. He failed to do so and allowed the award to be passed. Even after passing of the award, the petitioner has not questioned the same until he has received notice of award almost ten months after the passing of the award. These facts would clearly show complete lack of diligence on the part of the petitioner in questioning the acquisition proceedings. It also reflects on the lack of seriousness on the part of the petitioner to object to the acquisition. Inasmuch as the award has already been passed nearly one year back, there is no justification to interfere with the acquisition proceedings at this length of time. The Apex Court has taken the view consistently that ordinarily a Writ Petition is not entertained for questioning the acquisition proceedings after award is passed. (see Municipal Corporation of Greater Bombay V. Industrial Development Investment Co.Pvt.Ltd and others[1] and Municipal Council, Ahmednagar V. Shah Hyder Baig and others[2].) For the above-mentioned reasons, the Writ Petition is dismissed. Liberty is, however, given to the petitioner to avail the remedy under Section 18 of the Act, if he feels dissatisfied with the quantum of compensation. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.40771 of 2011 filed by the petitioner for interim relief is dismissed as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 14thDecember 2011 DR [1] AIR 1997 SC 482 [2] AIR 2000 SC 671