IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9064 of 2008 Between: 1 Ramchander Rao, S/o. Vittal Rao, R/o. Dongaon Village of Jukkal Mandal, Nizamabad District. 2 Smt. Jeeda Bai, W/o. Ramchander, R/o. Dongaon Village of Jukkal Mandal, Nizamabad District. 3 Kum. Vijaya Bai, D/o. Vittal Rao, R/o. Dongaon Village of Jukkal Mandal, Nizamabad District. 4 Venkat Rao, S/o. Vittal Rao, R/o. Dongaon Village of Jukkal Mandal, Nizamabad District. 5 Vittal Rao, S/o. Hanmanth Rao, R/o. Dongaon Village of Jukkal Mandal, Nizamabad District. 6 Danaji Rao, S/o. Shankar Rao, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 7 Yadav Rao (DIED) per LR Wife Smt. Kalya Bai, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 8 Venkat Rao, S/o. Yadav Rao, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 9 Narayan Rao, S/o. Hanmanth Rao, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 10 Smt. Padmini Bai, W/o. Govind Rao, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 11 Smt. Madabai, W/o. Balaji, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 12 Kista Reddy, S/o. Vittal Reddy, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 13 Ramzan Khan, S/o. Juman Khan, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 14 Maruthi Rao, S/o. Bheem Rao, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 15 Ashok Reddy, S/o. Sagareddy, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. 16 Anji Reddy, S/o. Sanga Reddy, R/o. Babulgoan Village of Jukkal Mandal, Nizamabad District. ..... PETITIONERS AND The Land Acquisition Officer/R.D.O., Bodhan, Nizamabad District. .....RESPONDENT 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 any appropriate Writ, Order or direction more particularly one in the nature of "Writ of Mandamus" directing the respondent herein to pass the award on the application of the petitioners dated 26-12-2003 redetermining the compensation amount for the lands of the petitioners situated at Dongaon Village, Jukkal Mandal, Nizamabad District on par with the award of the Civil Court in O.P.No. 1191/1998 dated 22-7-2003, forthwith. Counsel for the Petitioners: MR.V.TULASI REDDY Counsel for the Respondent : GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9064 of 2008 ORDER: The lands of the petitioners situated at Bobulgoan and Dangaon villages of Jukkal Mandal in Nizamabad District and other lands were acquired by the Government, by issuance of a notification under Section 4(1) of the Land Acquisition Act, 1894, on 27.11.1996. Thereafter, after following the procedure provided for under law, the respondent-Land Acquisition Officer passed an award on 17.01.1998, fixing compensation. Later, the matter was referred to the Civil Court under Section 30 and 31 of the Act, as there were disputes, and they ended in favour of the petitioners. Meanwhile, being not satisfied with the quantum of compensation, some of the claimants, (not the petitioners herein) gave an application to the respondent seeking reference under Section 18 of the Act, which was referred to the learned District & Sessions Judge, Nizamabad, and numbered as O.P.No.1191 of 1998. The learned District & Sessions Judge, by judgment, dated 22.07.2003, enhanced the compensation. As the petitioners did not seek any reference, immediately after coming to know of the said enhancement, petitioners gave an application on 26.12.2003, requesting the respondent to redetermine the compensation in terms of the judgment in O.P.No.1191 of 1998, and the same was acknowledged by the respondent. While the said application was pending, the respondent preferred an appeal, being A.S.No.971 of 2004, before this Court against the judgment and decree passed in O.P.No.1191 of 1998, which was dismissed confirming the judgment and decree of the District Judge. The respondent did not challenge the said judgment of this Court before the Supreme Court and it has become final. Now the grievance of the petitioners is that though the compensation in respect of other similar acquired lands is enhanced, the respondent has not redetermined the compensation in respect of the lands acquired from them, despite their application submitted under Section 28-A of the Act. Hence, this writ petition. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. Having regard to the fact that the application made by the petitioners under Section 28-A of the Act seeking redetermination of the compensation is pending with the respondent, this Court directs that if the petitioners’ application dated 26.12.2003, satisfies the requirement under Section 28-A of the Act, the respondent shall consider the same and enhance the compensation in respect of the lands acquired from the petitioners, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 24th April 2008 Sh To 1. The Land Acquisition officer-cum-R.D.O. Bodhan, Nizamabad District. 2. Two C.Cs to 3. Two C.D. copies.