IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12308 of 2009 Between: Smt.Savaramma W/o.Rami Reddy Resident of Bheempuram Village, Gadwal Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Special Deputy Collector (LA Unit) PJP, Gadwal, Mahabubnagar District. 2 Sri Sai Reddy S/o.Chinnaiah Resident of Chintareddypalli Village, Narva Mandal, Mahabubnagar District. 3 Sri Venkat Reddy S/o.Sri Sai Reddy Resident of Chintareddypalli Village, Narva Mandal, Mahabubnagar District. 4 Smt.Nagamma W/o.Sri Sai Reddy Resident of Chintareddypalli Village, Narva Mandal, Mahabubnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly a writ in the nature of mandamus; directing the Respondent to pay 1/2 share of compensation for the acquisition of H.Nos.1-4, 1-15, 1-16 & 1-19 Chintareddypalli Village, Narva Mandal, Mahabubnagar District to the Petitioner or refer the matter U/s. 30 & 31 of the Land Acquisition Act to the Hon'ble Civil Court for decision. Counsel for the Petitioner:MR.S.ASHOK ANAND KUMAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : O R D E R:- The petitioner asserts that her father was the absolute owner and pattedar of H.Nos.1-14, 1-15, 1-16, & 1-19 in Sy.Nos.25, 26 and 27 situated in Chintareddypalli village, Narva Mandal Mahabubnagar District and after his death, the property devolved upon her and the 2nd respondent. While so, the 1st respondent issued Draft Notification dated 2.7.1999 under Section 4(1) of the Land Acquisition Act, 1894 proposing to acquire the lands in S.Nos.25/1, 26/1 and 27/1 of Chintareddypalli village, which are likely to be submerged under the Priyadarshini Jurala Project, for which survey was already conducted on 18.6.2009, but the 1st respondent is contemplating to pay compensation to respondent Nos.2 to 4 for acquisition of the lands. She states that she is the younger sister of the 2nd respondent and she claims that she is legally entitled to receive ½ share of compensation amount, but the 2nd respondent, intentionally included the names of his wife and son in the Gram Panchayat records and excluded the petitioner’s name. Then, she filed objections dated 18.3.2009 to the 1st respondent requesting him to include her name in the records as she is entitled to ½ share of the property in question, and pay suitable compensation to her. Now, it is her grievance that the 1st respondent has neither considered her objections nor paid her part of compensation. The learned Government Pleader for Land Acquisition appearing for the 1st respondent has produced before this Court a letter addressed by the 1st respondent-Special Deputy Collector to him, wherein it is stated that the petitioner filed W.P. No.9676 of 2008 alleging that the then Land Acquisition Officer did not pay compensation for the structures existing in Sy. Nos.25, 26 and 27 of the Chintareddipalli village, and this Court, directed the respondents to issue supplementary notification or fresh notification including the existing structures, and in compliance of the order passed by this Court, the 1st respondent conducted survey and made joint inspection along with Engineering Department and obtained Gram Panchayat Record for publication of amendment. Then, the petitioner also filed a petition with supporting documents claiming her title, and as of now, the file is before the Engineer Department for valuation of structures, and the 1st respondent assures that soon after receiving the values of the structures, he will conduct an award enquiry for finalizing title, and in case, any title dispute arises, he will refer the matter to the competent civil Court under Sections 30 and 31 of the Land Acquisition Act for adjudication of title. Having heard the learned counsel for both the parties and in view of the remarks submitted by the learned Government Pleader for Land Acquisition to the effect that the 1st respondent would conduct an award enquiry for finalizing the petitioner’s title soon after receipt of values of the existing structures in the lands in question, this Court is inclined to dispose of the writ petition with the following directions: The 1st respondent-Special Deputy Collector (Land Acquisition Unit) at the time of passing award, shall consider the claim of the petitioners for payment of compensation for the structures, and determine the compensation payable, and then pass award. However, in the event, there is any title dispute between the parties, then he shall refer the matter to the civil Court under Sections 30 and 31 of the Land Acquisition Act for adjudication. Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 26th June, 2009 bcj