THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.561 of 2008 ORAL ORDER: The petitioners are residents of Thonduru Village of Varadaiahpalyam Mandal in Chittoor District. It is stated that originally the petitioners were residing at Sriharikota, which was acquired by the Government for the purpose of establishing a Rocket Launching Station. After several deliberations, the 1st respondent issued G.O.Ms.No.1024, Industries and Commerce Department, dated 02.11.1970 providing rehabilitative facilities, pursuant to which the petitioners were granted lands situated in Thonduru Village. However, even the said lands were sought to be acquired for the purpose of establishing an industrial estate. The petitioners came to know of the said proceedings when the 3rd respondent issued a notice dated 28.12.2006 which was published in a local daily stating that on the basis of a requisition made by the APIIC, a draft notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, "the Act") was published on 16.03.2006 followed by declaration dated 11.11.2006 under Section 6 of the Act. It is also mentioned even the award enquiry was completed as per the provisions of the Act and to provide a final opportunity to the persons interested the notice dated 28.12.2006 was issued to submit the objections, if any, on or before 5.1.2007. Aggrieved by the said action and apprehending forcible dispossession, the petitioners filed the present writ petition on 4.01.2007seeking a declaration that the notice dated 28.12.2006 as well as the action of the respondents in seeking to dispossess them without following due process of law contemplated under the Act is arbitrary and illegal. In the counter affidavit filed by the Land Acquisition Officer while stating that the lands in question were assigned to the family members of the petitioners during the year 1970, it is explained as under: “…As per G.O.Ms.No.1307 dated 23.12.1993 the reclamation and development charges for the DKT lands equivalent to the market value to the assignees whose lands are resumed once for all for public purposes by paying just and reasonable exgratia @ Rs.3.00 lakhs per acre for wet lands and Rs.2.50 lakhs per acre for dry lands apart from tree value to the DKT pattadars and their legal heirs on par with the owners of patta lands situated in Thonduru village. It is further stated that after completion of Award enquiry, an Award was passed on 30.06.2007 so far as the patta lands to an extent of Ac.63.83 cents are concerned and payment was also made to the awardees. It is further explained that with regard to the lands in Thonduru Village, action is being taken separately and it is under progress. It is also stated that the Government would follow due procedure under the Rules and Regulations in force in order to resume DKT lands by paying reasonable exgratia to the assignees and their legal heirs. I have heard the learned counsel for the petitioners and perused the material on record. Having regard to the facts and circumstances, even assuming that the petitioners herein are not the owners of the land in question, but they are only assignees, I find force in the submission made by the learned counsel for the petitioners that they cannot be denied the exgratia payable to the DKT pattaholders. As noticed above, it is clear from the counter affidavit filed by the Land Acquisition Officer that the respondents are taking necessary steps for payment of such exgratia to the DKT pattaholders. As a matter of fact, the 5th respondent, who got itself impleaded to the writ petition, stated in the counter affidavit that the impugned notice dated 28.12.2006 has nothing to do with the lands belonging to the petitioners and that the same was only with regard to the patta lands. However, even the 5th respondent conceded that the exgratia is payable to the assignees as per G.O.Ms.No.1307 dated 23.12.1993. Having regard to the statement made in the above counter affidavits in which entitlement of the petitioners to receive the exgratia in terms of G.O.Ms.No.1307 dated 23.12.1993 is not disputed, the writ petition is disposed of with a direction to the respondents to determine the compensation so payable to the petitioners in terms of G.O.Ms.No.1307 dated 23.11.1993 and pass appropriate orders in accordance with law after giving an opportunity of hearing to the petitioners, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. No costs. 25.07.2008. Kgr/vani