IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE K.C. BHANU W.A.Nos.272, 273 and 274 of 1982, 468 and 469 of 1988 AND W.P.Nos.2897 of 1981, 472, 2251, 1978, 1945, 1982 of 1982, 144 of 1983 and 22429 of 1996 Writ Appeals under Clause 15 of the Letters Patent against the Order against the order of the High Court dated 24.02.1982, 24.02.1982, 24.08.1982, 22.03.1988 and 22.03.1988 and made in WP.Nos.9821, 7082, 2846 of 1981 and 1051 and 1060 of 1986 respectively) WRIT APPEAL NO : 272 of 1982 Between: M/s. Singareni Collieries Company Limited, rep. By its Chairman, Kothagudem Khammam District. ... APPELLANT/ RESPONDENT NO: 2 AND 1. V. Satyanaraya Murthy 2. Government of Andhra Pradesh, rep.by its Chief Secretary, Secretariat Buildings, Hyderabad. 3. Revenue Divisional Officer & Land Acquisition Officer, Peddapalli, Karimnagar District. ...PETITIONERS RESPONDENT (1 & 3) (RESPONDENTS) Counsel for the Appellant: MR.K.SRINIVASAMURTHY Counsel for the Respondent No.1: MR. S. PRASAD Counsel for the Respondents 2 & 3: GP FOR LAND ACQUISITION WRIT APPEAL NO : 273 of 1982 Between: M/s. Singareni Collieries Company Limited, rep. By its Chairman, Kothagudem Khammam District. ... APPELLANT/ RESPONDENT NO: 2 AND 1. Salliki Surya Rao 2. Government of Andhra Pradesh, rep.by its Chief Secretary, Secretariat Buildings, Hyderabad. 3. Revenue Divisional Officer & Land Acquisition Officer, Peddapalli, Karimnagar District. ...PETITIONERS RESPONDENT (1 & 3) (RESPONDENTS) Counsel for the Appellant: MR.K.SRINIVASAMURTHY Counsel for the Respondent No.1: MR. S. PRASAD Counsel for the Respondents 2 & 3: GP FOR LAND ACQUISITION WRIT APPEAL NO : 274 of 1982 Between: M/s. Singareni Collieries Company Limited, rep. By its Chairman, Kothagudem Khammam District. ... APPELLANT/ RESPONDENT NO: 2 AND 1. P. Kota Nagamallayya 2. V. Seenayya 3. K. Viswanadham 4. G. Anasuyamma 5. Government of Andhra Pradesh, rep.by its Chief Secretary, Secretariat Buildings, Hyderabad. 6. Revenue Divisional Officer & Land Acquisition Officer, Peddapalli, Karimnagar District. ...RESPONDENTS PETITIONERS RESPONDENTS 1 & 3 IN WP NO: 2846/81 Counsel for the Appellant: MR.K.SRINIVASAMURTHY Counsel for the Respondents 1 to 4: MR. S. PRASAD Counsel for the Respondents 5 & 6: GP FOR LAND ACQUISITION WRIT APPEAL NO : 468 of 1988 Between: M/s. Singareni Collieries Company Limited, rep. By its Chairman, Kothagudem Khammam District. .... APPELLANT AND 1. G. Rajaiah 2. The State of A.P. rep.by its Secretary to Government of Industries & Commerce (I.D) Department, Secretarait Buildings, Hyderabad. 3. The Special Deputy Collector, Land Acquisition. Godavari Khani, Karimnagar District. 4. The Land Acquisition Officer & Revenue Divisional Officer, Peddapalli, Karimnagar District. ...RESPONDENTS Counsel for the Appellant: MR.G.S.N.MURTHY Counsel for the Respondent No.1: MR. S. PARVATHA RAO Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING Counsel for the Respondents 3 & 4: GP FOR LAND ACQUISITION WRIT APPEAL NO : 469 of 1988 Between: M/s. Singareni Collieries Company Limited, rep. By its Chairman, Kothagudem Khammam District. .... APPELLANT AND 1. Syed Raheemuddin 2. Syed Saheb Pasha 3. Syed Tajuddin 4. The State of A.P. rep.by its Secretary to Government of Industries & Commerce (I.D) Department, Secretarait Buildings, Hyderabad. 5. The Special Deputy Collector, Land Acquisition. Godavari Khani, Karimnagar District. 6. The Land Acquisition Officer & Revenue Divisional Officer, Peddapalli, Karimnagar District. ...RESPONDENTS Counsel for the Appellant: MR.G.S.N.MURTHY Counsel for the Respondents 1 to 3: MR. S. PARVATHA RAO Counsel for the Respondent No.4: GP FOR FINANCE & PLANNING Counsel for the Respondents 5 & 6: GP FOR LAND ACQUISITION WRIT PETITION NO : 2897 of 1981 Between: 1. P. Kota Nagamallyya R/o. Alluru 2. G. Anasuyamma, R/o. Kamanpuram ... PETITIONERS AND 1. Government of Andhra Pradesh, rep. by its Chief Secretary, Secretary, Secretariat Buildings, Hyderabad. 2. The Singareni Collieries Limited, rep. by its Chairman, Kothagudem, Khammam District. 3. Revenue Divisional Officer and Land Acquisition Officer, Peddapalli Karimnagar District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue Writ, Order or direction, declaring the land acquisition proceedings in respect of petitioners land in S.No.59 of Alluru Village, kamanpauram, Firka, Peddapalli Taluq, Karimnagar District, as illegal, null and void and to issue a consequential direction directing the respondents herein to redeliver the possession of remaining vacant land of the petitioners land, and a further consequential direction directing the respondents to pay the compensation to the petitioners at the present market value forthwith, for the land on which construction is made by the respondents. Counsel for the Petitioners: MR.M.S.PRASAD Counsel for the Respondents 1 & 3: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: MR.K.SRINIVASAMURTHY WRIT PETITION NO : 472 of 1982 Between: Smt. Eluru Appalamma ... PETITIONER AND 1. Government of A.P. rep.by its Chief Secretary, Secretariat Buildings, Hyderabad. 2. M/s. Singareni Collieries Limited, rep.by its Chairman, Kothagudem Khammam District. 3. Revenue Divisional Officer and Land Acquisition officer, Peddapalli, Karimnagar District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, declaring the land acquisition proceedings in respect of the petitioner’s land admeasuring Ac.5-16guntas and Ac.4-5guntas in S.Nos:57/7 and 57 respectively of Alluru village, Kamanpura as illegal, null and void. Counsel for the Petitioner: MR.M.S.PRASAD Counsel for the Respondents 1 & 3: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: MR.K.SRINIVASAMURTHY WRIT PETITION NO : 2251 of 1982 Between: 1. Kommu Parvathalu, S/o. Beeraiah 2. N. Satyanarayana, S/o. Venkat Rao 3. Kommu Beeraya, S/o. Late Kommu Parthavalu 4. Kommu Rajaiah, s/o. Late Kommu Parthavalu 5. Kommu Gopal, S/o. Late Kommu Parthavalu 6. Kommu Venkanna, S/o. Late Kommu Parthavalu 7. Kommu Sudershan, S/o. Late Kommu Parthavalu (All are R/o.Jallapalli Village, Peddapalli Taluq, Karimnagar District) ...PETITIONERS AND 1. The Government of A.P. rep.by its Secretary to Government, Industries and Commerce Department, Secretariat Buildings, Hyderabad. 2. The Special Deputy Collector (Land Acquisition), Godavarikhani. 3. M/s. Singareni Collieries Company Limited, rep.by its Chairman, Godavarkhani. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring that the entire proceedings of acquisition relating to the lands of the petitioners in pursuance of G.O.Rt.No.:814 Industries and Commerce (ID) Department dated 12.08.1974 including the passing of the award as invalid Counsel for the Petitioner 1 & 2: MR.C.ANANDA RAO Counsel for the Petitioners 3 to 7: MR.I.AGA REDDY Counsel for the Respondents 1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: MR.K.SRINIVASAMURTHY WRIT PETITION NO : 1982 of 1982 Between: 1. J. Surender Rao 2. Muppudi Kistaiah 3. Vegolam Agamma 4. Vegalom Hanumaiah 5. Vegolam Rajaiah 6. Vegolam Madanaiah 7. Ponnam Venkatramiah 8. Ponnam Rajamallu 9. Panjala Balaiah 10. Chittalapalli Rajaiah 11. K. Venkateswara Rao 12. Ponnam Sailu 13. T. Mallaiah 14. Ponnam Rama Lachaiah 15. Ponnam Rama Swamy 16. Ponnam Ramaiah 17. Ponnam Rajaiah 18. Ponnam Mallaiah 19. Nalla Venkulu 20. Ayyavari Venkatramaiah 21. Sagarsu Ramachader Rao 22. Bompalli Ramulu 23. Karimalli Tirumal Rao 24. Vegolam Chinna Rajam 25. Vegolam Venkata Narayana 26. Ponnam Ramaswamy 27. Goshiki Narsaiah 28. Goshiki Gattaiah 29. Goshiki Banaiah 30. Vegolam Rajamallu 31. Vempati Rajesham 32. Poolo Pochalu 33. Ponnam Pochalu 34. Kathuri Rajesham 35. Yasam Durgaiah 36. Poolo Ashanna 37. T. Jagannatha Rao 38. Gaddala Parvathalu 39. Boddam Veeraiah 40. Poola Rajam 41. Mangali Nambaiah 42. Kummari Rajmallu 43. Miriyala Prasada Rao (All are resident of Nagepalli (v), Peddapalli Taluq, Karimnagar District) ... PETITIONERS AND 1. The Government of A.P., rep.by its Secretary to Government, Industries & Commerce Department, A.P., Hyderabad 2. The Special Deputy Collector, (Land Acquisition) Godavarikhani. 3. M/s. Singareni Collieries Company Limited, Godavarikhani. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or direction declaring that the entire proceedings of acquisition relating to the lands of the petitioners in pursuance of G.O.Rt.No: 16 Industries and Commerce (ID) Department dated 30.01.1975 are invalid Counsel for the Petitioners: MR.C.ANANDA RAO Counsel for the Respondents 1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: MR.K.SRINIVASAMURTHY WRIT PETITION NO : 144 of 1983 Between: 1. Choppari Rajaiah 2. Choppari Aggimally 3. Bandi Veeraiah 4. Gunda Rama Lakshmi 5. Gunda Nagaiah 6. Ananthula Agaiah 7. Bhagaria Bhoomaiah 8. Bollapalli China Lingaiah 9. Bollapalli Ramaiah 10. Mustala Veeraiah 11. Gunda Vajramma 12. Mandla Ramachandra Reddy (All are Residents of Joolapally Village, Peddapallu Taluq, Karimnagar District) ... PETITIONERS AND 1. The Government of Andhra Pradesh, rep.by its Secretary to Government, Industries and Commerce Deprtment, A.P. Hyderabad. 2. The Special Deputy Collector, (Land Acquisition) Godavarikhani. 3. M/s. Singareni Collieries Company Limited, Godavarikhani. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to call for the records relating to and in connection with the G.O.Rt.No.814 Industries & Commerce (ID) Department dated 12.08.1974 relating to the acquisition of lands of the petitioners and quash the same by issuing Writ of Certiorari or any other appropriate writ, order or orders, direction or directions. Counsel for the Petitioner: MR.C.ANANDA RAO Counsel for the Respondents 1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: MR.K.SRINIVASAMURTHY WRIT PETITION NO : 1978 of 1982 Between: 1. Ponnam Raja Mallu, S/o. Narayana 2. J. Sriranga Rao, S/o. Ratnakar Rao 3. Ponnam Venkatramaiah, S/o. Raja Mallu 4. Satla Chandraiah, S/o. Sailu 5. Gaddala Parvatalu, S/o. Rajam (All are R/o. Nagepalli Village, Peddapalli Taluk, Karimnagar District) ...PETITIONERS AND 1. The Government of A.P., rep.by its Secretary to Government, Industries and Commerce Department, Secretariat Buildings, Hyderabad. 2. The Special Deputy Collector (Land Acquisition Officer), Godavarikhani. 3. M/s. Singareni Collieries Company Limited, Godavarikhani. ...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 direction declaring that the entire proceedings of acquisition relating to the lands of the petitioners in pursuance of G.O.Rt.No.825 Industries and Commerce (ID) Department dated 18.08.1977 as published in A.P.Gazette No.36/A dated 08.09.1977 are invalid Counsel for the Petitioners: MR.C.ANANDA RAO Counsel for the Respondents 1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: MR.K.SRINIVASAMURTHY WRIT PETITION NO : 1945 of 1982 Between: 1. Vegolam Rajaiah, S/o. Venkaiah 2. Sattaiah,S/o. Venkaiah 3. Vegolam Rajaiaj, s/o. Ramakistu 4. Vegolam Ramaswamy, S/o. Veeraswamy 5. Vegolam Sailu, S/o.Gattaiah 6. Vempati Rajesham, S/o. Raja Yellaiah 7. J. Surender Rao,S/o.Sriranga Rao 8. Gajja Veeraiah,S/o. Narsimha Rao 9. Ponnam Mallaiah, S/o.Hanmanthu 10. D. Sailu, S/o. Saimallu 11. Ponnam Ramaswamy, S/o. Balaiah 12. Ponnam Rajamallu, S/o. Narayana 13. Ponnam Ramalachaiah,S/o. Pochalu 14. Ponnam Ramaiah, S/o. Guruvaiah 15. Venkatramaiah, S/o. Rajamallu 16. Ponnam Rajam, S/o. Kistaiah 17. Putta @ Katta Mallesham, S/o. Rajam 18. Bompalli Lasmaiah, S/o. Venkaiah (All are R/o. Nagepalli Village, Pedapalli Taluk, Karimnagar District) ... PETITIONERS AND 1. The Government of Andhra Pradesh, rep.by its Secretary to Government, Industries & Commerce Department, A.P., Hyderabad. 2. The Special Deputy Collector (Land Acquisition), Godavaraikhani. 3. M/s. Singareni Colleries Company Limited, Godavarikhani. ...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, order or direction declaring that the entire proceedings of acquisition relating to the lands of the petitioners in pursuance of G.O.Rt.No.4 Industries & Commerce (ID) Department dated 01.01.1975 are invalid Counsel for the Petitioners: MR.C.ANANDA RAO Counsel for the Respondents 1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3: MR.K.SRINIVASAMURTHY WRIT PETITION NO : 22429 of 1996 Between: Muthyam Agaiah Goud, S/o. Late Rajaiah Goud, R/o. Julapalli (V), Karimnagar District ... PETITIONER AND 1. Land Acquisition Officer/RDO, Peddapalli, Karimnagar District. 2. M/s. Singareni Collieries, rep.by its General Manager, Godavarikhani, Karimnagar District ...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 an appropriate Writ or Order or direction, one in the nature of Writ of Mandamus i. declaring the action of the respondents in not taking steps for referring the matter to the Civil Court for determination of market value of the acquired lands in Sy.Nos.30, 31, 39, 83 and 84(d) of Jallipalli (v), Kamanpur (M), Karimnagar District, as arbitrary, illegal and violative of Articles 14, 16, 21 and 300-A of the Constitution of India; ii. acquisition proceedings of 4(1) notification dated 01.01.1974 to the extent of lands covered by the petitioner in Sy.Nos.30, 31, 39, 83 and 84(d) of Jallipalli (v) may be quashed; iii. a direction may be issued to the respondents to initiate fresh acquisition proceedings and take further steps for payment of compensation; iv. costs be awarded to the petitioner Counsel for the Petitioner: MR.P.MEHAR SRINIVASA RAO Counsel for the Respondent No.1: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: MR.K.SRINIVASAMURTHY The Court made the following: COMMON JUDGMENT:(Per Hon’ble Sri Justice K.C. Bhanu) These writ appeals are placed before us pursuant to the order of remand by the Supreme Court. The cases on hand have chequered history. In order to consider the question relating to the validity of draft notifications issued under Section 4(1) of the Land Acquisition Act, 1894, few relevant facts are required to be noticed. FACTUAL MATRIX: W.A.Nos.272 to 274, 393, 1085 of 1982 and W.P.Nos.472, 1945, 1978, 1982 and 2251 of 1982 and 2897 of 1981 were disposed of by a common order, dated 15.07.1983, wherein a Division bench of this Court held that Section 23(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), in so far as it directs that determination of compensation payable on the basis of the market value as on the date of publication of notification is not violative of any fundamental right or the proviso to Article 31-A(1) of the Constitution of India and there cannot be any direction to compute the compensation payable for the lands, compulsorily acquired on the basis of the market value as on the date of payment of the compensation and on the second question the Division Bench held that the inordinate delay in completion of award resulting in delayed payment of compensation has vitiated the acquisition proceedings rendering them liable to be quashed. It is further held that the acquisition proceedings taken in pursuance of notification issued under Section 4(1) of the Act, dated 04.07.1968, in which the award enquiry was not taken up until 1979 and the award was not passed till 1982 to be arbitrary, illegal and void and accordingly quashed the same. It is also held that in all these cases there has been an inordinate delay of over two years in filing declarations under Section 6 of the Act and in completing the award proceedings. Hence, the notification issued under Section 4(1) of the Act is quashed. It is also held that anything said in the judgment will not preclude the respondents from acquiring the lands. In an event of acquisition proceeding being taken fresh, they shall be completed and compensation paid expeditiously. W.A.Nos.468 and 469 of 1988 were disposed of by a Division Bench of this Court vide order dated 22.03.1988 wherein it was held that “We have already noticed that the notification under Section 6 of the Act issued in the present case suffered from infirmity of possession not having been taken within three months of the declaration under Section 4(1) r/w Section 17 of the Act. That being the position the petitioner approached this court only when the petitioner was threatened with dispossession and award not being announced. Therefore, we do not think that this is a fit case to bar the petition from approaching this Court under Article 226 of the Constitution of India. We are of the view that the learned Single Judge rightly exercised discretion and it cannot be said that the writ petitions are highly belated to persuade this Court from interfering with the discretion exercised by the learned Single Judge.” Appeals by special leave from the judgment and order dated 15.07.1982 and W.P.Nos.472, 1945, 1978, 1982 and 2251 of 1982 and batch of appeals were preferred in Civil Appeal Nos.810-817 of 1984 before the Supreme Court. The Supreme Court held: “Land Acquisition (Andhra Pradesh Amendment & Validation) Act, 1983 (A.P. Act No.9 of 1983) reproduced above was not brought to the notice of the High Court. We, therefore, set aside the High Court Judgment and remand the appeals to the High Court for respondent-consideration. Learned counsel for the parties have no objection to the course we have taken in these appeals. The appeals are disposed of in the above terms. No costs.” As per the decree of the Supreme Court in the aforementioned Civil Appeal Nos.810-817 of 1984 it is ordered as: “That the Judgment and Order dated 15.07.1983 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Writ Appeal Nos.272, 273 and 274 of 1982 and Writ Petition Nos.472, 1945, 1978, 1982 and 2251 of 1982 and the Judgment and Order dated 24.02.1982 of the Single Judge of the aforementioned High Court in W.P.Nos.9821, 7082 and 2846 of 1981 be and are hereby set aside and the matters be and are hereby remanded to the aforesaid High Court with the directions that the said High Court Do restore to its file – Writ Petition Nos.472, 1945, 1978, 1982 and 2251 of 1982 and 9821, 7082 and 2846 of 1981 and Do dispose of the same after consideration.” So also the appeal by special leave from the Judgment and Order, dated 12.03.1986, of this Court made in W.P.No.144 of 1983 was also set aside and the matter was remitted to this Court with a direction to restore the writ petition to file and dispose of the same after re-consideration. So also the order against the appeals by special leave from the Judgment and Order, dated 22.03.1988, of this Court made in W.A.No.468 and 469 of 1988 was also set aside and the matters were remitted to this Court with a direction to restore the Writ Petition Nos.1051 and 1060 of 1986 and dispose of the same after re-consideration. The brief facts that are necessary for disposal of W.A.Nos.272, 273 and 274 of 1982 which are filed against the order of the learned Single Judge of this Court dated 24.02.1982 made in W.P.Nos.2846, 7082 and 9821 of 1981 are as follows: W.P.No.7082 of 1981 was filed to issue appropriate writ or direction declaring the land acquisition proceedings in respect of the petitioners therein to an extent of land admeasuring Ac.3-28 guntas and Ac.1-34 guntas. in Sy.No.54/A and 54/C respectively of Alluru Village, Kamnapuram Firka, Peddapalli Taluk, karimnagar District. Whereas W.P.No.9821 of 1981was filed to issue a writ in the nature of Mandamus declaring the land acquisition proceedings in respect of he petitioner’s land admeasuring Ac.3-38 Gts., Ac.2-00 and Ac.6-35 Gts. in Sy.No.85/1, 86/2 and 91 respectively of Alluru village. Whereas W.P.No.2846 of 1981 was filed to issue appropriate writ or a direction declaring the land acquisition proceedings in respect of the petitioners land in Sy.Nos.58 and 79 of Alluru village as null and void. The learned Single Judge following the Judgment in W.P.No.6491 of 1979 allowed the writ petitions. W.P.No.6491 of 1979 was filed to issue an appropriate order to quash the notification issued under Section 4(1) of the Act in respect of the lands bearing Sy.Nos.2/1 and 3/2 of an extent of Ac.6.30 cents, 0.19 cents, Sy.No.7/3 of an extent of Ac.8.75 cents and Sy.Nos.9/1 and 9/2 of an extent of Ac.2.95 cents and Ac.1.45 cents respectively situated in Madhavadara village, Visakhapatnam wherein the learned Single Judge allowed the writ petition through order dated 22.02.1982 declaring that the words “at the date of the publication of the notification under Section 4 (1)”, occurring in Section 23(1) of the Land Acquisition Act, 1894 as void and unconstitutional. I also hold that the second proviso to Article 31-A of the Constitution obliges the State to calculate and pay compensation for the agricultural lands under personal cultivation on the basis of market values prevailing on the date of payment of compensation and never on the basis of any anterior date.” W.A.Nos.468 and 469 of 1988 were filed against the order of High Court dated 12.03.1987 made in W.P.Nos.1051 and 1060 of 1986. W.P.Nos.1051 and 1060 of 1986 were filed to issue a writ to quash the notification issued under Section 4(1) of Act published in the official Gazette dated 09.10.1975 in respect of the acquisition of Ac.0-19Guntas, Ac.1- 31Guntas, and Ac.0-20Guntas of land of Alluru Village in Karimnagar District, wherein a common order was passed by the learned Single Judge of this Court dated 12.03.1987 where under the learned Single Judge quashed the notification issued under Section 4(1) of the Act and the same was confirmed in the W.A.Nos.468 and 469 of 1988 dated 22.03.1988 by a Division Bench of this Court. The brief facts that are necessary for the disposal of all the present writ appeals and writ petitions in nutshell are as follows: That an extent of Ac.303.06Gts situated in Alluru Village, Peddapalli Taluka, in Sy.Nos. 13, 14AB, 47AB, 48, 49ABCD, 50A to G, 51AB, 52ABC, 53A to F, 54ABC, 55ABCD, 56, 57AB, 58AB, 59AB, 61ABCD, 62ABCD, 63, 64ABC, 71A to D, 72, 73 to 76, 77A to D, 78 to 85, 86/1-2, 90 to 93, 95, 97, 99, 102, 103, 104, 105, 106, 107AB, 108AB, 110, 111AB, 113, 114AB, 122ABC, 123ABC, 124, 125, 127 to 128 were acquired by the State under a draft notification under Section 4(1) of the Act published in the Andhra Pradesh Gazette dated 09.10.1975. The draft declaration under Section 6 of the Act was published in the Andhra Pradesh Gazette dated 30.10.1975. The said lands were acquired for the public purposes for increased production of coal of Singareni Collieries Company. Subsequently, the Singareni Collieries addressed a letter dated 31.12.1997 stating that an extent of 56.25acres were not required to the company and the said lands may be deleted from the requisition. Again on 25.05.1983, the company sent a letter to include Ac.14-18cents in the requisition. Therefore, the acquisition of the lands in respect of Alluru Village is only to an extent of 232.03acres. While the matter stood thus some pattadars filed W.P.Nos.2846, 2897, 7082 and 9821 of 1981 and 472 of 1982. The High Court quashed the notification issued under Section 4(1) of the Act against which the Singareni Collieries preferred an appeal to the Supreme Court. The Supreme Court granted stay of the orders passed by this court on 10.02.1994. Further proceedings have been taken up by the Land Acquisition Officer. Some of the claimants again approached this Court by filing W.P.Nos.13995 of 1985, 105 and 1060 of 1986. In W.P.No.13995 of 1985 a direction was given to pass an award subject to the result of the writ petition. W.P.No.105 of 1986 was filed to issue a direction not to dispossess the petitioner. So also W.P.No.1060 of 1986 was filed to issue a direction not to dispossess the petitioner. But in both the writ petitions the possession of lands were already taken on 28.04.1977. Therefore, an award is thus finalized to an extent of 234.03acres determining the market value of the wet lands under Group-I at Rs.4,000/- per acre, at Rs.2,000 per acre in respect of dry lands under Category-III and Rs.2,500/- per acre in respect of dry lands under Group-II and Rs.3,000/- per acre in respect of dry lands under wet cultivation. Besides fixing the compensation