IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 3125 of 2002 Between: 1 G. Ganga Reddy, S/o. Naranna, R/o. Thamsi, Mandal: Thamsi Dist: Adilabad. 2 Chilkuri Chinna Narasa Reddy, S/o. Buchanna, R/o. Thamsi Mandal: Thamsi Dist: Adilabad. 3 C. Raghavender Reddy S/o. Asha Reddy R/o. Thamsi Mandal: Thamsi Dist: Adilabad. 4 Chilkuri Ram Reddy S/o. Naranna R/o. Thamsi Mandal: Thamsi Dist: Adilabad. 5 V.Kista Reddy S/o. Ramanna R/o. Thamsi Mandal: Thamsi Dist: Adilabad. 6 V. Laxmi Bai W/o. Boja Reddy R/o. Thamsi Mandal: Thamsi Dist: Adilabad. ..... PETITIONERS AND 1 The District Collector, Adilabad. 2 The Revenue Divisional Officer (LAO), Adilabad. .....RESPONDENTS 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 of Mandamus or any other appropriate writ or writs, order or Direction, declaring the inaction on the part of the respondents herein in not referring the matters to the District Court, Adilabad U/Sec.18 of Land Acquisition Act in respect of the Agricultural lands bearing Sy.Nos: 18, 76, 84 and 85 Admeasuring Ac.8-34 guntas; 0-14 guntas; 9-36 guntas; 10-08 guntas respectively situated at Ambugaon and Thamsi Village of Adilabad District as required under Sec.28-A(3) of Land Acquisition Act as illegal, arbitrary, unilateral and violative of Art.14 and 300-A of Constitution of India and consequently direct the respondents herein to refer the matter to the Dist. Court U/sec.18 of L.A.Act in pursuant to re-determination proceedings passed by R.D.O. (L.A.O) Adilabad in proceedings No:B/4712/98 dated: 18-4- 1999 and pass Counsel for the Petitioners: MR.VINOD KUMAR DESHPANDE Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3125 of 2002 ORDER: Petitioners are residents of Thamsi Village and Mandal, Adilabad District. They are statedly owners of various extents of agricultural lands in survey Nos.18, 76, 84 and 85. Government acquired an extent of Acs.122.13 in said Village including land of petitioners under award No.B/150/83 dated 23.04.1986 under the Land Acquisition Act, 1894 (LA Act, for short). Some of the landowners sought reference to civil Court. In O.P.No.245 of 1987 and batch, the Court of the District Judge, Adilabad, by order dated 09.12.1992 enhanced compensation. Petitioners then filed an application dated 24.04.1993 before second respondent, namely, the Revenue Divisional Officer (RDO), Adilabad, under Section 28-A of LA Act for re-determination of compensation, which was rejected. Thereafter they filed W.P.Nos.15400, 15409, 15410 and 15416 of 1993 before this Court. These writ petitions were disposed of on 15.12.1993 with a direction to second respondent to re-determine compensation under Section 28-A of LA Act. In obedience thereto RDO issued proceedings on 18.04.1999 re-determining compensation. Petitioners received the same, but still they made an application dated 17.05.1999 purportedly under Section 28-A(3) of LA Act alleging that compensation was not re-determined as per decree of civil Court as required under said provision. As no orders are passed thereon, instant writ petition is filed seeking a direction to respondents to refer the matter to civil Court. A counter-affidavit is filed. While admitting the factual situation, it is categorically stated that when compensation was re-determined under Section 28-A of LA Act in obedience to order of this Court dated 15.12.1993 in W.P.No.15400 of 1993 and batch, petitioners accepted tge sane with full satisfaction and without any protest. It is also stated that petitioners were paid all benefits – 30% solatium, 12% additional market value, 9% interest for first year and 15% interest thereafter as per judgment in O.P.No.245 of 1987 dated 09.12.1992. Having received compensation in full satisfaction, petitioners cannot seek reference under Section 28-A(3) of LA Act. This Court heard learned counsel for petitioners and learned Assistant Government Pleader for Land Acquisition appearing for respondents. Section 28-A of LA Act read as under. 28-A .Re-determination of the amount of compensation on the basis of the award of the court:--(1) Where in an award under this Part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under Section 11, the persons interested in all the other land covered by the same notification under Section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under Section 18, by written application to the Collector within three months from the date of the award of the court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court: Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded. (2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants. (3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the court and the provisions of Sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under Section 18. A plain reading of above provision would show that when on a reference compensation awarded by LAO was enhanced by civil Court, owners can file an application within three months from the date of pronouncement of judgment of civil Court seeking re-determination of compensation on the basis of civil Court decree. On receipt of such application, Collector has to conduct enquiry after giving notice to the persons concerned and pass necessary orders/award determining amount of compensation. As per Sub-section (3) of Section 28-A of LA Act, if any person does not accept award made under Section 28-A(2) of LA Act, he may give a written application to Collector seeking reference for determination of compensation. In this case as averred by respondents on re-determination petitioners accepted payment without any protest and thereafter filed an application under Section 28-A(3) of LA Act. Therefore, having accepted payment, they are not entitled for any further reference under Section 28-A(3) of LA Act. Remedy of seeking further reference to civil Court for determination under Section 28-A(3) is available only to those persons, who have not accepted award under Section 28-A(2) of LA Act. In this case petitioners accepted award and received payment. Though averment is made in counter- affidavit, no reply is filed denying the same. Therefore, counter averment stands proved. The writ petition is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 27th February, 2008 GHN To 1 The District Collector, Adilabad. 2 The Revenue Divisional Officer (LAO), Adilabad. 3. 2CCs to GP for Land Acquisition 4. 2CD copies Form-NIC-OGS/WP{TML}