THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9676 of 2008 ORAL ORDER: This writ petition is field seeking a declaration that the inaction on the part of the respondents in acquiring structures/houses existing on the lands in Sy.Nos.125/1, 126/1 & 2 and 127/2 belonging to petitioners, situated at Chintareddypalli Village, Narva Mandal, Mahaboobnagar District as arbitrary and illegal. It is not in dispute that the lands in question was acquired under the provisions of the Land Acquisition Act, 1894 (for short, "the Act") for the purpose of submergence under “Priyadarshni Jurala Project” vide notification dated 02.08.1999 and, pursuant thereto, an Award was passed on 03.02.2001 fixing the compensation. However, the grievance of the petitioners is that while fixing the compensation, the respondents did not take into consideration the value of the structures existing on the said lands. Hence, this writ petition. At the outset, it is to be noted that some of the land owners whose lands were acquired for the very same purpose of submergence under “Priyadarshni Jurala Project”, filed W.P.No.12879 of 2005 with a similar prayer to declare the inaction on the part of the respondents to pay the compensation for the structures standing on the land acquired as arbitrary and illegal. This Court by order dated 25.07.2005 allowed the writ petition with a direction to include the existing structures on the lands in question by issuing Supplementary notification or fresh notification to that effect within six weeks. It is not disputed by the respondents that in compliance with the said order, supplementary notification was issued on 24.1.2008 and the petitioners therein were paid the compensation for the structures existing on their lands. It is relevant to note that in W.P.No.12879 of 2005 it was contended by the respondents that the structures were put up by the petitioners therein anticipating acquisition proceedings with the sole object of claiming enhanced compensation. This Court did not accept the said contention and while relying on the Joint Inspection Report conducted by the Joint Collector, Special Deputy Collector, Superintending Engineer, “Priyadarshni Jurala Project” Circle No.1, Gadwal and the Additional District Magistrate, Mahaboobnagar, it was held that the petitioners therein were entitled for compensation for the structures also. The said order was confirmed by a Division Bench of this Court in W.A.No.1985 of 2005 as well as by the Apex Court by judgment dated 6.9.2007 in S.L.P.(Civil) No.3669 of 2006. Having regard to the above admitted facts, and since the petitioners herein are also similarly situated, it would be appropriate to extend the same relief as was granted by this Court in W.P.No.12879 of 2005. Accordingly, the writ petition is allowed with a direction to the respondents to issue supplementary notification or fresh notification including the existing structures on the lands situated Sy.Nos.125/1, 126/1 & 2 and 127/2 belonging to petitioners, situated at Chintareddypalli Village, Narva Mandal, Mahaboobnagar District as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. No costs. 10.07.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 9676 of 2008 Between: 1 Sai Reddy, S/o. Chinnaiah, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 2 Nagamma, W/o. Sai Reddy, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 3 Venkata Reddy, S/o. Sai Reddy, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 4 Venkataramulu, S/o. Venkata Reddy, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 5 Srinivasulu, s/o. Tirupathi Reddy, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 6 Madhava Reddy, S/o. Swaranna, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 7 G. Laxma Reddy, S/o. Swaranna, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 8 Anjaneyulu, S/o. Peddarajappa, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 9 Tirupati Reddy, S/o. Venkatanna, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 10 Narasimhulu, s/o. Gokaranna, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 11 Anjanna, S/o. Satyanna, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 12 Madhu, S/o. Ashi Reddy, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 13 Laxma Reddy, S/o. Krishnaiah, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 14 Srinivasulu, S/o. Anjaneyulu, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 15 Nalla Reddy, S/o. Karenna, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 16 Hanumanthu, S/o. Hanumanthu, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 17 Venkatanna, S/o. Hanmantlu, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. 18 Teyanna, S/o. Kistappa, R/o. Chintareddypalli Village, PJP, R.R. Center, Narva Mandal, Mahabubnagar District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Revenue (LA), Department, Secretariat Buildings, Hyderabad. 2 The Special Collector(LA) Priyadarshini Jurala Project, Kurnool. 3 The Special Deputy Collector(LA) Priyadarshini Jurala Project, Gadwal. 4 The Superintendent Engineer (Irrigation, Priyadarshini Jurala Project, Gadwal. 5 The Executive Engineer (Irrigation, Priyadarshini Jurala Project, Gadwal. .....RESPONDENTS 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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents to acquire the structures/houses of the petitioners and pay compensation as illegal, arbitrary and violative of Articles 14, 21 and 300A of the constitution of India and consequently direct the respondents to acquire the structures/houses of the petitioners and to pay the compensation as per the provisions of the Land Acquisition Act and pass Counsel for the Petitioner: Mr. M. SUBRAHMANYAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: