IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE SIXTH DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.13608 of 2002 Between: Smt.Y.Laxmi Narsamma. … Petitioner And Special Deputy Collector, Land Acquisition, (International Airport), Ranga Reddy District, Hyderabad. … Respondent Counsel for the petitioner: Ms.K.Vijaya for Sri Pottigari Sridhar Reddy. Counsel for the respondent: AGP for Land Acquisition. This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Mandamus to declare notice dated 6-3-2002 issued by the respondent under Sections 9(3) and 10 of the Land Acquisition Act, 1894 (for short “the Act”) proposing to acquire only an extent of Ac.0.02 guntas of land belonging to the petitioner, comprised in Survey No.132 of Gollapally Kurdu village, Shamshabad Mandal, Ranga Reddy District, as illegal and arbitrary. Notiﬁcation under Section 4(1) of the Act was issued on 8-12-2000, which was published in the A.P. Gazette on 19-12-2000, proposing to acquire various lands, including the land of the petitioner admeasuring Ac.15.31 guntas in Survey No.132 of Gollapally Kurdu village, Shamshabad Mandal, Ranga Reddy District, for the purpose of establishment of International Airport. The petitioner felt aggrieved by the action of the respondent in showing the reduced extent of Ac.0.02 guntas in Sections 9(3) and 10 notice dated 6-3-2002. No counter-aﬃdavit is ﬁled by the respondent. However, at the hearing, the learned Assistant Government Pleader for Land Acquisition, on instructions, submitted that though notiﬁcation under Section 4(1) was issued proposing to acquire Ac.15.31 guntas of land from the petitioner, in view of existence of a boundary dispute in respect of the said land, the authorities decided to acquire only an extent of Ac.0.02 guntas from the petitioner in the said survey number and, accordingly, issued errata of notiﬁcation under Section 4(1) of the Act, which was published in A.P. Gazette on 31-12-2000, showing only an extent of Ac.0.02 guntas in Survey No.132 of the said village to be acquired. She also submitted that award enquiry was conducted on 22-4-2002 and award was passed. As there was a dispute between the petitioner and others regarding the entitlement to receive compensation, the same was referred to the Civil Court under Sections 30 and 31 of the Act. No reply aﬃdavit is ﬁled by the petitioner controverting the above-mentioned allegations. If there is a dispute regarding the measurement of the land, the same is amenable for reference under Section 18 of the Act. If the respondent has physically acquired Ac.15.31 guntas of land, the petitioner is entitled to raise such a dispute by seeking reference under Section 18 of the Act. If the respondent has merely acquired Ac.0.02 guntas by excluding the balance land from acquisition, the petitioner can have no grievance. In either event, the petitioner cannot maintain this Writ Petition and no relief as prayed for by the petitioner can be granted. Subject to the above observations, the Writ Petition is dismissed. ------------------------- ----------- C.V.NAGARJUNA REDDY,J Date:06-11-2008 MNR