THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.7422 of 2011 ORDER: The lands of the petitioners in various survey numbers of Burada Village, Regidi Amudalavalasa Mandal, Srikakulam District, were acquired by the Government for the purpose of Totapalli Barrage Project. The fact that trees of different categories exist on the land was also mentioned in the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) published in the year 2007. The petitioners were paid compensation in April, 2010. Their grievance is that no compensation was paid for the trees that existed upon the lands. They seek directions to the respondents for payment of compensation. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition. It is no doubt true that the declaration under Section 6 of the Act was issued for the purpose of acquisition of the lands of the petitioners and that existence of trees of different kinds was also mentioned. In the award, the respondents were under obligation to pay compensation for the lands as well as trees. It is stated that the award did not cover for the trees. It shall be open for the petitioners to seek reference under Section 18 of the Act. In the instant case, the Land Acquisition Officer, the 2nd respondent herein, passed a consent award under Section 11(2) of the Act. The petitioners ought to have insisted on payment of compensation for trees, if the offer made by the 2nd respondent did not cover it. If the petitioners have received the compensation under a consent award, it is not open to them to insist on the 2nd respondent to pay any further amount, even the possibility to seek reference under Section 18 of the Act does not exist. The Writ Petition is accordingly dismissed. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.22.03.2011. GJ