THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11675 of 2004 ORDER: This writ petition is filed seeking a mandamus by way of directions to the first respondent to furnish a copy of the award to the petitioner and to refer the matter relating to the compensation in respect of his land covered by R.S.Nos.42/2 and 42/3 situated in Badampudi Village, West Godavari District, under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’). An extent of land of Ac.1.00 Guntas covered by R.S.Nos.42/2 and 42/3 situated at Badampudi Village, Unguturu Mandal, West Godavari District, was notified for acquisition for the purpose of providing house-sites to weaker sections of the society through draft notification issued under Section 4(1) of the Act on 15.09.2003 and published in the District Gazette on 18.09.2003 and draft declaration under Section 6 of the Act was published in the District Gazette on 29.09.2003. After following necessary procedure, award was passed in Award No.24 of 2003 vide Roc.257/2003(B), on 18.12.2003, fixing compensation for the acquired land @ Rs.80,000/- per acre based on the written consent given by the petitioner. It is to be noticed that the award was passed under Section 11(2) of the Act and it is a consent award. Even as per the case of the petitioner, he received the compensation by cheque bearing No.39366, dated 19.12.2003. Petitioner questions adequacy of the compensation stating that the land value is at Rs.5,00,000/- per acre but not Rs.80,000/- per acre and also the action of the respondents in not referring the matter under Section 18 of the Act. Counter-affidavit is filed by the second respondent – Tahsildar, Unguturu Mandal, West Godavari District, on behalf of the respondents. In the counter-affidavit, while denying various allegations made by the petitioner, it is stated that the petitioner has given written consent to part with the land on payment of Rs.80,000/- per acre at the time of issuance of draft notification and draft declaration. Based on the said consent, the award was passed fixing the compensation at Rs.80,000/- per acre. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition appearing for the respondents. The petitioner is not entitled to the relief sought in the writ petition for more than one reason. Though he accepts receipt of compensation by cheque, dated 19.12.2003, he has not even given the date on which he filed application under Section 18 of the Act seeking reference. Section 18 of the Act fixes time frame for filing application under that Section, making a difference for the persons, who are present at the time of passing of the award and who are not. Except stating that he has received the compensation under protest, no date is given by the petitioner. From a perusal of copy of award bearing No.24 of 2003, dated 18.12.2003, passed by the first respondent - Land Acquisition Officer-cum-Revenue Divisional Officer, Eluru, which is placed on record, it is clear that the award was passed under Section 11(2) of the Act basing on the consent given by the petitioner. The award also refers to the written consent of the petitioner to part with the land on payment of Rs.80,000/- per acre. In that view of the matter, when the award was passed under Section 11(2) of the Act, the petitioner did not entitle to seek reference by disputing the quantum of compensation determined for the land acquired. As much as the award was passed with the consent of the petitioner and further, in the absence of petitioner mentioning the date of filing of application under Section 18 of the Act, no relief can be granted to him as prayed for in this writ petition. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R.SUBHASH REDDY, J 27th JANUARY, 2011. kvni