IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25001 of 2000 Between: Dhulipala Varalaxmamma and others. … Petitioners And The Special Deputy Collector (Land Acquisition), HUDA, Hyderabad. … Respondents Counsel for the petitioners: Sri B.Vijaysen Reddy Counsel for respondents: ---- This Court made the following: ORDER: This Writ Petition is ﬁled for a Writ of Mandamus to declare the action of the respondent in not initiating enquiry into the petitioners’ application dated 17-11-2000 and not paying compensation to them in respect of 300 Sq. yards each comprised in plot Nos.163, 164 and 165 in Survey No.102/2 of Nagole village, Uppal Mandal, Ranga Reddy District, as illegal and arbitrary. The petitioners claimed to be the registered owners of the above-mentioned property. They have stated that large extents of land were acquired by the respondent for the purpose of formation of inner ring road in Hyderabad and Award dated 30-5-1980 was passed in respect thereof, including the three plots claimed by the petitioners. It is also averred that at the instance of some of the owners of lands, the dispute was referred under Section 30 of the Land Acquisition Act, 1894 (for short “the Act”) and registered as O.P.No.37 of 1986, which was disposed of on 4-10-1991. The petitioners claimed that they were not aware of the acquisition proceedings and pendency of reference before the Civil Court as they are the residents of Guntur District; and that they approached the respondent with representation dated 17-11-2000 to pay compensation in respect of the above mentioned plots, but the respondent vide: his letter dated Nil-11-2000 stated that the land in Survey No.102/2 of Nagole village was not acquired for formation of inner ring road. Questioning this order, the petitioners filed this Writ Petition. In the counter-aﬃdavit ﬁled by the Land Acquisition Officer, it is, inter alia, stated that an extent of Ac.1.12 guntas of land in Survey No.102/2 of Nagole village was acquired for formation of inner ring road; that in Award No.3 of 1980 dated 30-5-1980 a sum of Rs.8,900/- per acre was awarded towards market value of the said land; that as per the Pahani of 1977-78 the name of Smt.Veeralal Laxmi w/o.Venkateswara Rao is recorded and in column No.16 the names of L.Rama Rao, Sankaraiah, Nageshwara Rao and Krishna Murty were recorded; that notices were issued under Section 9(1) and 10 of the Act to the said persons on 2-11-1979, but the said notices were returned unserved; and that, similarly, the said notices were published in the village Chavidi, but no one appeared during the Award enquiry in respect of the said land except one Sri A.Venkat Rao, who ﬁled a petition making a claim in respect of Plot No.124 admeasuring 350 Sq. yards. It is further stated that as the Land Acquisition Oﬃcer has not decided the title over the said land of Ac.1.12 guntas, he deposited the compensation amount of Rs.14,769-10 ps., in the civil Court under Section 30 of the Act and referred the matter to the civil Court. He further submitted that no interested person appeared before the civil Court to claim compensation in respect of the above-mentioned land. In paragraph 6 he stated that though the representation of the petitioners was replied by stating that no land in the said Survey Number was acquired, after a thorough enquiry it was found that the land in Survey No.102/2 of Nagole village was in fact acquired under Award No.3/80 dated 30-5-1980. From the above-mentioned averments contained in the counter-aﬃdavit, it is clear that the stand taken by the respondent in the impugned proceedings that no land in Survey No.102/2 was acquired, is not correct. The respondent categorically admitted in his counter-aﬃdavit that the land to the extent of Ac.1.12 guntas in the said Survey Number was acquired and compensation towards the said land is lying in deposit in the Court of the District Judge, Ranga Reddy District. If the petitioners are owners of the said property, which was acquired, they are entitled to payment of compensation under the said Award. Therefore, the Writ Petition is allowed and the impugned order is set aside. The petitioners are permitted to ﬁle a fresh representation before the respondent, along with the documents of title on the basis of which they are claiming compensation, within a period of four (4) weeks from today. Within eight (8) weeks thereafter, the respondent shall examine the documents ﬁled by the petitioners and if he is satisﬁed that the petitioners were the lawful owners of the acquired property in respect of which they have made their claims, he shall approach the District Court, Ranga Reddy District, for refund of the compensation amount along with the interest accrued thereon. The District Court shall, thereupon, return the said amount to the respondent to enable him to pay the same to the petitioners in proportion to their entitlement. If the respondent ﬁnds that the petitioners have not established their title, he shall pass a reasoned order. ---------------------------- ------------ C.V.NAGARJUNA REDDY, J Date:01-08-2008 MNR