THE HON'BLE MR JUSTI CE L.NARASIMHA REDDY Writ Petition No.26354 of 2009 ORDER: The petitioner states that his wife is the owner of a plot of Ac.0.04¾ cents of land in Survey No.310/1 of Nagarajupalle Village, which is part of Kadapa Municipal Corporation. A construction was also made upon it. Notification under Section 4(1) of the Land Acquisition Act was published on 07.05.2008 by the District Collector, proposing to acquire that property and others, for the purpose of widening the road, which passes through the area. Declaration under Section 6 of the Act was also published on 08.05.2008. It is stated that an award was passed on 25.11.2008 and though a representation was made to refer the matter under Section 18 of the Act to a Civil Court, the request has not been acceded to. The petitioner contends that the compensation paid by the respondents is meagre and does not represent the correct market value. On behalf of the respondents, a detailed counter affidavit is filed. It is stated that in the award proceedings, extensive negotiations were held and that the petitioners also attended the meeting on 04.11.2008. A consent award is said to have been passed, extending all the benefits. Heard the learned counsel for the petitioner and the learned Government Pleader for Land Acquisition. It is a matter of record that the land owned by the wife of the petitioner together with the structure was acquired for the purpose of widening of the road. Had the award been passed in the usual course, the wife of the petitioner would certainly have been justified in seeking reference under Section 18 of the Act. The record however discloses that a consent award was passed and compensation at the rate of Rs.4,600/- per square yard and a sum of Rs.5,26,685/- for the structure was paid after negotiations. Once the award was passed with consent, the question of referring the matter to Civil Court does not arise. At any rate, the petitioner is not the owner. The writ petition is accordingly dismissed. There shall be no order as to costs. __________ 28.04.2010 JSU THE HON'BLE MR JUSTI CE L.NARASIMHA REDDY Writ Petition No.26354 of 2009 Date:28.04.2010 JSU