IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12315 of 2009 Between: Padmamma W/o. Sri Tayanna R/o. Chinthareddipally Village, Narva mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Special Deputy Collector, (LA Unit) PJP, Gadwal, Mahabubnagar. 2 N. Venkat Ramulu S/o. Venkat Reddy R/o. Chintareddypalli Village, Narva Mandal, Mahabubnagar District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly a writ in the nature of Mandamus; directing the 1st respondent to pay compensation for the acquisition of H.Nos.1-20 in Sy.No.26, situated at Chintareddypalli Village, Narva Mandal, Mahabubnagar district to the petitioner or refer the matter U/s. 30 & 31 of the Land Acquisition Act to the Hon'ble Civil Court for decision and pass Counsel for the Petitioner:MR.S.ASHOK ANAND KUMAR Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : O R D E R:- The petitioner assets that she is the absolute owner and possessor of the shed bearing H.No.1-20 in Sy.No.26 situated in Chintareddypalli village, Narva Mandal, Mahabubnagar District, which is her ancestral property, and the 2nd respondent is no way concerned with the shed. While so, The 1st respondent issued Draft Notification dated 2.7.1999 under Section 4(1) of the Land Acquisition Act proposing to acquire the lands in S.Nos.25/1, 26/1, 27/1 of Chintareddypalli village which are likely to be submerged under the Priyadarshini Jural Project, for which, survey was already conducted on 18.6.2009, and the lands were acquired but the 1st respondent is contemplating to pay compensation to the 2nd respondent, who has no right or interest over the petitioner’s land. Then the petitioner filed objections dated 12.3.2009 to the 1st respondent requesting him to include her name in the Panchayat records as she has right, title or interest over the land in question and pay suitable compensation to her. Now, it is her grievance is that the 1st respondent, has neither considered her objections nor paid her suitable compensation. The learned Government Pleader for Land Acquisition appearing for the 1st respondent has produced a letter addressed by the 1st respondent-Special Deputy Collector to him, wherein it is stated that some individuals filed W.P. No.9676 of 2008 alleging that the then Land Acquisition Officer did not pay compensation for the structures existing in Sy. Nos.25, 26 and 27 of Chintareddipalli village, and this Court directed the respondents to issue supplementary notification or fresh notification including the existing structures, and in compliance of the order passed by this Court, the 1st respondent conducted survey and made joint inspection along with Engineering Department and obtained Gram Panchayat Record for publication of amendment. Then, the petitioners in W.P. No.9676 of 2008 also filed petitions with supporting documents claiming their title, and as of now, the file is before the Engineer Department for valuation of structures, and the 1st respondent assures that soon after receiving the values of the structures, he will conduct an award enquiry for finalizing their titles, and in case, any title dispute arises, he will refer the matter to the competent civil Court under Sections 30 and 31 of the Land Acquisition Act for adjudication of title. Having heard the learned counsel for both the parties and in view of the remarks submitted by the learned Government Pleader for Land Acquisition to the effect that the 1st respondent would conduct an award enquiry for finalizing the titles of the individuals, who filed W.P. No.9676 of 2008 soon after receipt of values of the existing structures in the lands in question, and in view of the fact that the petitioner also filed a petition on 12.3.2009 before the 1st respondent with supporting documents claiming her title and her case also stands on the same footing, this Court is inclined to dispose of the writ petition with the following directions: “The 1st respondent-Special Deputy Collector (Land Acquisition Unit) at the time of passing award, shall consider the claim of the petitioner for payment of compensation for the structures, and determine the compensation payable, and then pass award. However, in the event, there is any title dispute between the parties, then he shall refer the matter to the civil Court under Sections 30 and 31 of the Land Acquisition Act for adjudication. Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 26th June, 2009 bcj