HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2989 of 2010 Date: 16th February 2010 Between: S.Mahender Reddy & others. … Petitioners And The Government of Andhra Pradesh, rep. by its Chief Secretary and others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2989 of 2010 ORDER: Heard learned counsel for petitioners and the learned Government Pleader for Land Acquisition, appearing for respondents. 2. In this writ petition, the petitioners seek a declaration by way of Mandamus, declaring the Award Proceedings No.4/2006 in File No.14/LA/Unit-V/ORR/2006, dated 30th April 2008, issued by the 3rd respondent, as illegal and arbitrary to the extent of land covered by Survey No.381, admeasuring Ac.1-22 gts., situated at Gowdavalli village of Medchal Mandal in Ranga Reddy District. 3. The petitioners herein claim to be the owners of the land covered by Survey No.381, admeasuring 1-22 gts., situated at Gowdavalli village of Medchal Mandal in Ranga Reddy District. The aforesaid land is notified for acquisition under the provisions of the Land Acquisition Act, 1894, for the purpose of formation of outer ring road. After following the formalities as contemplated under the provisions of the Land Acquisition Act, the impugned Award was passed on 30th of April 2008, by fixing the compensation at the rate of Rs.3,10,000/- per acre. In the Award Proceedings, out of the aforesaid land of Ac.1-22 gts., Award is passed to the extent of 1-17 ½ gts., in favour of petitioners, but on the ground that petitioners did not prove their title by producing necessary documents, their claim is also referred to the Civil Court under Sections 30 and 31 of the Land Acquisition Act. With regard to the other 4 ½ guntas, Award is passed in favour of Cheerala Narasimha, Cheerala Papaiah and Cheerala Yettamma, who are not parties before this Court. It is submitted by the learned counsel for petitioners that though the Award is passed to the extent of Ac.1-17 ½ gts., in favour of petitioners, in the absence of any rival claims over the aforesaid piece of land, the Land Acquisition Officer has committed error by referring the matter to the Civil Court under Sections 30 and 31 of the Land Acquisition Act. It is submitted that as the petitioners have not received necessary notices in the Award inquiry, as such, there was no opportunity for them to produce the documents in proof of their title, before the Land Acquisition Officer. It is also submitted by the learned counsel that this Court has partly allowed an identical matter in W.P.No.2247 of 2010, by an order, dated 10th February 2010, by quashing the Award to the extent of reference, with a further direction to the Land Acquisition Officer to consider the claim of the petitioner therein, and to pass appropriate supplementary Award. Even the learned Government Pleader appearing for respondents, submits that similar such matters were disposed of by this Court with a direction to the Land Acquisition Officer to consider the claims of petitioners. 4. From a perusal of the Award inquiry and other material produced before this Court, it is evident that there is no proof of receipt of notices in the Award inquiry, by the petitioners. In the absence of such opportunity to place on record the supporting documents in proof of title for award of compensation, it cannot be said that there is failure on the part of petitioners in producing sufficient evidence. It is also to be noticed that there are no rival claims with regard to the said piece of land admeasuring Ac.1-17 ½ gts. In the similar circumstances, this Court has already disposed of the writ petition as referred above, with directions to the Land Acquisition Officer to consider the claims of petitioners therein and to pass supplementary Award. 5. For the aforesaid reasons, the Award, dated 30th of April 2008, passed by the 3rd respondent-Land Acquisition Officer, is hereby quashed to the extent of reference to the Civil Court with regard to the land covered by Survey No.381, admeasuring Ac.1-17 ½ gts., situated at Gowdavalli village of Medchal Mandal in Ranga Reddy District. Consequently, there shall be a direction to respondent No.3 to consider the claims of petitioners by receiving necessary evidence, which they produce in proof of their title, and pass supplementary Award, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 16th February 2010 Tsnr/ajr