IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8401 of 2007 Between: 1 Kaluvai Chinnaiah S/o Pedda Narasimhulu Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 2 Kaluvai Nagamma W/o Ramachandra Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 3 yerru Narayanamma W/o Ramachandra Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 4 Kaluvai Venkata Subba Reddy S/o Yella Reddy, Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 5 Kaluvai Sudhakar Reddy S/o Venkata Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 6 Mamidi Subbarayudu @ Subba Reddy S/o Sheshaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 7 Pokala Bhaskar S/o Chinna Subbaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 8 Pokala Lakshmi Narasamma W/o Chinna Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 9 Pokala Nagi Reddy S/o Venkat Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 10 Mamidi Ravindhandra S/o Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 11 Mamidi Bala Subba Reddy S/o Nagireddy, Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 12 Mamidi Shesha Reddy S/o Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 13 Mamidi Yellamma W/o Sheshaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 14 Nallgonda Konda Reddy S/o bala Konda Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 15 Mamidi Krishna ReddyS/o Nagi Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 16 Mamidi Rami Reddy S/o Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 17 Mekala Yella Reddy S/o Yella Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 18 Mamidi Sudhakar S/o Sheshaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 19 Mamidi Subba Reddy S/o Nagi Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 20 Moram Reddy Kanthamma W/o Balaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 21 Jammana Thirupala Reddy S/o Vennata Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 22 Jammana Raja Reddy S/o Venkata Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 23 Sannapureddy Srinivasulu Reddy S/o Chinna Penchal Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 24 Sannapureddy Penchal Reddy S/o Chinna Penchal Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 25 Sannapureddy Narasimha Reddy S/o Chinna Penchal Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 26 Murukuti Sambi Reddy S/o Somi reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 27 Mullu Chinnapu Reddy S/o Penchal Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 28 Kaluvai Kushnamma W/o Narasa Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 29 MalluKamalamma W/o Raman Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 30 Chintam Reddy Ramana Reddy S/o Subbamma Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 31 Chintam Reddy Sivamma W/o Ramana Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 32 Pallem Ramanaiah S/o Yellaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 33 Kaluvai Subbamma W/o bangaru Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 34 Kaluvai Srinivasulu Reddy S/o Bangaru Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 35 Kaluvai Penchal Reddy S/o Bangaru Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 36 Kaluvai Narasaiah S/o Pedda Narasimhulu Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 37 Kaluvai Mastanamma W/o Kaluvai Ramaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 38 Sandrapalli Mallem Kondaiah S/o pedda Subbaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 39 Chinta Kunta Poli Reddy S/o Chenna reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 40 Konda Reddy Lakshmi Reddy S/o Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 41 Mamidi Adilakshumma W/o Rami Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 42 Mamidi Maheswara Reddy S/o Narasa Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 43 Mamidi Subba Reddy S/o Late Pitchamma Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 44 Rapuru Dhanalakshmi W/o late Ramana Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 45 Rapur Ananda Kumar S/o Ramana Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 46 Mastanamma W/o Late Venkata Shesha Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 47 Rapuru Dhanalakshumm W/o Ramana Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 48 Yelapalli ankamma W/o Chinnaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 49 yalapalli Chennaiah S/o Chennaiah Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 50 Papudippu Chinna Rosi Reddy S/o Peddaiah @ Peddi Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 51 Metukuru Konda Reddy S/o Rosi Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 52 Metukuru Konda Reddy S/o Rosi Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 53 Metukuru Ramanamma W/o Konda Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 54 Metkuru Konda Reddy S/o Bala Konda Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 55 Metukuru Mallikarjuna Reddy S/o Konda Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 56 Metkuru Madhusudhan Reddy S/o Konda Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 57 Metukuru Indramma W/o Konda Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 58 Metukuru Narasamma W/o Bala Konda Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 59 Kaluvai Chenchamma W/o Venkata Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 60 Kaluvai Srinivasulu Reddy S/o Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 61 Kaluvi Ramulamma W/o Bhaskar reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 62 Kaluvai Bhaskar Reddy S/o Venkata Subba Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 63 Kaluvai Easwar Reddy S/o Yella Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 64 Kaluvai Ammanemma W/o Easwar Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 65 Kaluvai Chinna yella Reddy S/o Yella Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 66 Kaluvai Narayana Reddy S/o Yella Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District 67 Papudippu Rosamma W/o Rami Reddy Residents of Gajulapalli Village Gopavaram Mandal, Kadapa District ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, rep by its Prinicpal Secretary, Irrigation Department, Secretariat Buildings, Hyderbad. 2 The Special Deputy Collector (Land Acquisition), TGP, Unil-II, Kadapa, Kadapa District. 3 The Special Collector (Land Acquisition) GNSS., Kadapa, Kadapa District .....RESPONDENT(S) 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 writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondents in not considering the application made by the petitioners on 27-05-2002 under section 28-A of the Land Acquisition Act to re-determine the amount of compensation on par with claimants order passed on 25-02-2002 in L.A.O.PNo.889 of 1999 on the file of the District Judge Kadapa, is illegal, arbitrary and unconstitutional consequently direct the 2nd respondent to consider the applications made by the petitioners on 27-05-2002 under section 28-A of the Land Acquisition Act to re-determine the amount of compensation on par with claimants order passed on 25-02-2002 in L.A.O.P.No.889 of 1999 on the file of the District Judge, Kadapa and also direct the 2nd respondent to pay enhanced compensation to the petitioners. Counsel for the Petitioners:MR.K.V.SUBBA REDDY Counsel for the Respondents: GP FOR IRRIGA. & COMM AREA DEV. The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8401 of 2007 O R D E R This writ petition is filed seeking direction to the respondent - Land Acquisition Officer to pass orders on the application dated 27.05.2002 seeking re-determination of the amount of compensation as provided under Section 28- A of the Act. According to the petitioners, they are the absolute owners of the land sought to be acquired for the purpose of Somasila Project, and accordingly a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was issued on 09.03.1994 and that after following due process of law, the compensation was also fixed by the Land Acquisition Officer. Aggrieved by the same, some of the claimants sought for reference and the matter was referred to the Civil Court. The reference was numbered as LAOP No.888 of 1999, on the file of the District Judge, Kadapa, and the District Judge, by his order dated 25.02.2002 enhanced the amount of compensation. Pursuant to the said judgment of the Civil Court dated 25.02.2002, the petitioners made an application to the Land Acquisition Officer on 27.05.2002 seeking re-determination of the amount of compensation as provided under Section 28- A of the Act. As no orders were passed pursuant to the application, the petitioners filed the present writ petition. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. Admittedly, the compensation was enhanced by the District Judge in LAOP No.888 of 1999 by the judgment dated 25.02.2002 and when once the compensation is enhanced, the claimants, who have not sought for reference as provided under Section 18 of the Act, can make an application for re- determination of the amount of compensation on the basis of the award of the Civil Court and for this purpose, Section 28-A of the Act was inserted by Act 68 of 1984. The intention of the Legislature is to see that the claimants, who have not sought for reference under Section 18 of the Act, are entitled to and paid the same compensation as determined by the Civil Court. In the instant case, the Civil Court on a reference enhanced the compensation by its award dated 25.02.2002 and the petitioners sought for re-determination within the time prescribed under Section 28-A of the Act. As per Section 28-A of the Act, the application for re-determination shall be made within a period of three months thereof and the time for obtaining the certified copy shall be excluded. The date of order of the Civil Court in LAOP No.888 of 1999 is dated 25.02.2002, copy application was made on 13.03.2002, stamps were called for on 14.05.2002 and the same were deposited on 14.05.2002 and the copy was made ready on 16.05.2002. From the above, it is clear that the said application dated 27.05.2002 seeking re-determination is filed within the time prescribed under Section 28-A of the Act. Therefore, the petitioners in this writ petition are also entitled to the compensation as enhanced by the Civil Court. It is brought to the notice of this Court by the learned Government Pleader that the said enhancement of compensation made by the Civil Court was reduced vide judgment of this Court in A.S.No.875 of 2003 and batch dated 18th April, 2006. In view of the judgment of this Court in A.S.No.875 of 2003 and batch dated 18th April, 2006, the petitioners are also entitled for re-determination of compensation. Therefore, the writ petition is allowed and the respondents are hereby directed to re-determine the market value and pay the enhanced compensation within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. --------------------------------------- GOPALA KRISHNA TAMADA,J 12th MARCH, 2008 PGS To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8401 of 2007 12th MARCH, 2008