HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.13599 of 2011 Date : 30-11-2011 Between: U. Ekanandam .. Petitioner And The State of Andhra Pradesh, Represented by its Secretary, Revenue Department (Land Acquisition), Hyderabad and others .. Respondents Counsel for petitioner : Sri K.V. Rajasree for Sri M. Ram Mohan Reddy Counsel for respondents : Assistant Government Pleader for Land Acquisition The Court made the following: ORDER: This Writ Petition is ﬁled for a mandamus to direct the respondents to forbear from enforcing draft notiﬁcation dated 3-7-2010 of respondent No.2 in respect of Ac.3-28 guntas of land in Sy.No.632/B of Ramakrishna colony, Nusthulapoor Revenue village, Thimmapoor Mandal, Karimnagar District. I have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. Notiﬁcation under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") was issued for acquisition of Ac.25-24 guntas of land for the purpose of laying pipeline under the Abul Kalam Sujala Sravanthi Scheme. Various lands, including the land in Sy.No.632, admeasuring Ac.2-03 guntas, were notiﬁed for acquisition. The respondents have invoked urgency clause under Section 17(4) of the Act and the enquiry under Section 5-A of the Act was accordingly dispensed with. The grievance of the petitioner is that while the extents belonging to each of the owners in Sy.No.632 out of Ac.2-03 guntas are not mentioned, the petitioner’s house is not included in the notiﬁcation. The petitioner asserts that the records of the Gram Panchayat would show the existence of H.No.3-3/A in Sy.No.632/B of the village; that the respondents have failed to notify the said structure and that as a result of the same, the petitioner is sought to be denied compensation for the said structure. In the counter-aﬃdavit ﬁled by respondent No.3, it is inter alia stated that the draft notiﬁcation was published duly including all the structures found to be in existence on the date of joint inspection conducted on 2-7-2010; that one Tin shed was found to be in existence in the land notiﬁed for acquisition in Sy.No.632 and that the same was included in the draft notiﬁcation. It is further submitted that compensation for the said shed will be paid to its rightful owner after holding the award enquiry; that according to letter G.P.No.RKC/59/2011, dated 25-5- 2011 of the Gram Panchayat, H.No.3-3/A was not in existence as on the date of publication of the draft notiﬁcation and that the Panchayat Secretary has stated that permission was taken by the petitioner for construction of a shed on 18-6-2007 and the same was renewed on 25-1-2011. The respondents have thus denied the existence of any structure as claimed by the petitioner as on the date of the notification. In view of the fact that the award enquiry is pending, the petitioner shall be free to appear before respondent No.3 and make his claim. If he is able to establish that the structure as claimed by him was in existence as on the date of publication of the notiﬁcation under Section 4(1) of the Act, respondent No.3 is bound to consider the claim of the petitioner for payment of compensation. It is therefore premature for this Court to consider the claim of the petitioner on merits at this stage. Accordingly, the Writ Petition is disposed of with liberty to the petitioner to approach respondent No.3 with the claim for payment of compensation for the purported structure and respondent No.3 is directed to consider the same and take appropriate decision while passing the award. As a sequel, WPMP No.16477/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 30-11-2011 AM