THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.25882 of 2006 Date:06th October, 2010 Between: 1. N.V.Subba Raju & Anr. ... Petitioners a n d 1. Land Acquisition Officer/Special Deputy Collector, Land Acquisition (Industries), Hyderabad & Ors. … Respondents *** THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.25882 of 2006 ORDER: The petitioners claim that they are owners and possessors of Ac.1.17 guntas in Survey No.227 and Ac.1.29 guntas in Survey No.226 of Turkapally Village and Gram Panchayat, Shameerpet Mandal, Ranga Reddy District, having purchased the same under a registered sale deed bearing document No.11197/2003, dated 15.12.2003. They approached the revenue authorities and obtained passbooks and title deeds in respect of the land purchased by them under registered sale deed dated 15.12.2003. Land Acquisition Authorities issued notification No.G1/735/2004, dated 05.08.2004, which was published in VAARTHA, Telugu daily newspaper, on 27.08.2004. Section 6 declaration was issued and published in Andhra Pradesh Gazette RR No.149, dated 23.08.2005. The land sought to be acquired is for Bio-Tech Park. The grievance of the petitioners is that they have not been put on notice during the award enquiry and therefore, the award passed by the 1st respondent in respect of the lands owned by them is liable to be set aside. 3. Rule Nisi came to be issued on 13.12.2006. The respondents entered appearance. 4. Respondents 1 and 2 filed counter-affidavit. It is stated in the counter-affidavit that the petitioners participated in the award enquiry and claimed compensation. Accordingly, an amount of Rs.8,82,682/- has been awarded as compensation to the petitioners. 5. Heard learned counsel appearing for the petitioners and learned Government Pleader for Land Acquisition appearing for the respondents 1 and 2 and learned Standing Counsel appearing for the respondents 3 to 5. 6. Learned counsel appearing for the petitioners contended that the petitioners were not put on notice during the award enquiry and whereas, the same was contradicted by the learned Government Pleader for Land Acquisition. On 20.08.2010 the learned Government Pleader for Land Acquisition was directed to place on record the award copy. 7. Accordingly, the learned Government Pleader for Land Acquisition placed on record the copy of the award, dated 16.10.2006. It is evident from the award that the petitioners herein appeared before the Land Acquisition Officer and claimed compensation at the rate of Rs.50.00 Lakhs per acre. The relevant portion of the award reads as hereunder: “An extent of (01.29) acres in Sy.No.226 and (01.17) acres in Sy.No.227, total (03.06) acres of Turkapally village, have been affected under present acquisition. (1) Rudraboina Pedda Laxmaiah S/o.Ilaiah, (2) R.Andalu S/o.Mallaiah, (3) R.Kishtiah S/o.Bagaiah, (4) R.Narsamma W/o.Narsaiah, (5) R.Narsaiah S/o.Gonaiah and (6) R.Kamalamma W/o.Yellaiah, have been notified and declared under Section 4(1) and 6 of the Act, as the pattadars and possessors over the said land. In response to the notices under Section 9(1) & 10 and 9(3) & 10 of the Act, S/Sri, N.V.Subba Raju S/o.Jagga Raju and K.Butchi Raju S/o.Butchi Raju, have filed the claim stating that they are the absolute owners and possessors of the land bearing Survey Nos.226 and 227, by virtue of registered sale deed No.11197, dated 15.12.2003. Since the date of purchase, they are doing agricultural operations over the said land and are eking out their livelihood by doing agricultural operations. The Government of A.P. for the purpose of establishing Bio- Tech Park, have issued Draft Notification under Section 4 of Land Acquisition Act, 1894 vide Notification No.G1/735/2004, dated 05.08.2004. There is great potential to the land under acquisition and the prevailing market value in the vicinity is about 50,00,000/- per acre. The claimants claimed compensation @ Rs.50,00,000/- per acre, compensation for the well @ Rs.1,00,000/- and Rs.1,00,000/- for fruit bearing trees or in alternate requested for equivalent extent of land in the near by area. But filed no documentary evidence in support of rate of land, existence of the well and fruit bearing trees. Therefore, the claim of rate per acre and claim of compensation for the well and fruit bearing trees have been rejected. The claimants are owners of the lands bearing Sy.Nos.226 and 227, admeasuring (1.29) and (1.17) total (03.06) acres vide registered document No.11197, dated 15.12.2003, under present acquisition and are competent to alienate the land and to receive the land compensation, which is as follows: 1. Land valud @ Rs.1,80,000/- per acre for (1.29) Acs. Rs.5,67,000-00 2. 30% Solatium Rs.1,70,100-00 3. 12% Addl. Market value from 27.8.04 to 16.10.06 (781) days Rs.1,45,587-00 4. Total Rs.8,82,687-00 APPORTIONMENT: 1. N.V.Subba Raju S/o. Jagga Raju Rs.4,41,343-00 2. K.Butchi Raju S/o.Butchi Raju Rs.4,41,344-00.” Since the petitioners appeared before the Land Acquisition Officer and claimed compensation at the rate of Rs.50,00,000/- per acre, it is impermissible for the petitioners to contend that they were not put on notice during award enquiry. The petitioners having appeared before the Land Acquisition Officer, approached this Court as if they are not put on notice with regard to the award enquiry. In that view of the matter, the writ petition is liable to be dismissed for suppressing of material facts. 8. Accordingly, the Writ Petition is dismissed. No costs. _________________________ B. SESHASAYANA REDDY, J. Date:06th October, 2010. cs THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY Writ Petition No.25882 of 2006 Dated:06th October, 2010