THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.1438 of 2007 Dated:20.07.2010 Between: P.Vijayamma .. Petitioner And The Competent Authority (L.A.) and Joint Collector, Mahaboobnagar and others .. Respondents ORDER: This Writ Petition has been filed by Smt. P.Vijayamma seeking a Mandamus declaring the action of the Competent Authority (Land Acquisition) and the Joint Collector, Mahabubnagar, in proposing to disburse the compensation to respondent Nos.3 and 4 in respect of the land admeasuring Ac.0.15 guntas in Survey No.472/2 of Rayanpet Village and Ac.0.13 guntas in Survey No.53 of Mummallapally Village, Kothakota Mandal, Mahabubnagar District, without considering the objections, dated 19.01.2007, as arbitrary, illegal and unconstitutional. The first respondent acquired land under the National Highways Act, 1956 (for short ‘the Act’). The dispute involved in this Writ Petition is with regard to the payment of compensation in respect of land admeasuring Ac.0.15 guntas in Survey No.472/2 of Rayanpet Village and Ac.0.13 guntas in Survey No.53 of Mummallapally Village, Kothakota Mandal, Mahabubnagar District. According to the petitioner, she is the daughter of late M.Balakista Reddy, who is the pattedar of the above said lands and, therefore, she is entitled to 1/7th share in the compensation. Late M.Balakista Reddy has five daughters and two sons. The respondents 3 and 4 are the sons and the petitioner is one of the five daughters. The other four daughters are not parties to the Writ Petition. The contention of the petitioner is that she being the daughter of late M.Balakista Reddy is entitled to claim 1/7th share in the compensation payable to the land acquired by the first respondent. The respondents 1 and 2 filed counter affidavit. It is stated in the counter affidavit that the compensation in respect of the land admeasuring Ac.0.13 guntas in Survey No.472/2 has already been disbursed, prior to the receipt of the notices, whereas the compensation payable in respect of Survey No.53 of Mummallapally Village is not yet disbursed. Heard the learned counsel appearing for the parties. The learned counsel appearing for the petitioner submits that the petitioner being one of the legal representatives of late M.Balakista Reddy is entitled to claim 1/7th share payable by the first respondent in respect of land admeasuring Ac.0.15 guntas in Survey No.472/2 of Rayanpet Village and the land admeasuring Ac.0.13 guntas in Survey No.53 of Mummallapally Village. It is further submitted that the petitioner filed Objection Petition, dated 19.01.2007 and despite the same, the first respondent is contemplating to disburse the compensation amount and, therefore, necessary direction is required to the first respondent to pay 1/7th compensation amount to the petitioner. The learned Assistant Government Pleader appearing for the Land Acquisition submits that the compensation in respect of the land admeasuring Ac.0.13 guntas in Survey No.472/2 has been disbursed, even prior to the receipt of notices and rest of the compensation payable in respect of Ac.0.13 guntas in Survey No.53 is yet to be disbursed and the only course, in view of the objection raised by the petitioner, is to make a reference under Section 3H of the Act to the District Judge for adjudication of the dispute between the rival claimants. The learned counsel appearing for the fourth respondent disputes the entitlement of the petitioner to the compensation payable by the first respondent in respect of the land under acquisition. Be that as it may, the first respondent has not yet disbursed the compensation payable to the land acquired by him in respect of land admeasuring Ac.0.13 guntas in Survey No.53 of Mummallapally Village. Since the petitioner has raised the dispute, as to the apportionment of compensation, the only option left open to the first respondent under Section 3H of the Act is to refer the matter to the concerned District Judge. Section 3H of the Act reads as hereunder: 3H. Deposit and payment of amount.- (1) The amount determined under section 3G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land. (2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto. (3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. (4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated. (5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under section 3D till the date of the actual deposit thereof. (6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-sections that (2) to (4) shall apply to such deposit. A perusal of the above referred provision indicates that in case of dispute between the parties, the same is required to be referred to the Principal Civil Court of the original jurisdiction. In that view of the matter, the Writ Petition is disposed of directing the first respondent to refer the dispute between the parties in respect of the compensation payable in respect of land admeasuring Ac.0.13 guntas in Survey No.53 of Mummallapally Village, Kothakota Mandal, Mahabubnagar District, to the Principal Civil Court of Mahabubnagar District, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ B. SESHASAYANA REDDY, J 20.07.2010 KH