IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE THIRTIETH DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.80 of 2002 Between: Bhavabhuti Bhai Patel and three others. … Petitioners And The Special Deputy Collector, (Land Acquisition) International Airport, Shamshabad, Ranga Reddy District. … Respondents Counsel for the petitioners: Sri G.Dhananjai. Counsel for the respondents: AGP for Land Acquisition. This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Mandamus to direct the respondent to acquire the left over portion of the land admeasuring Ac.1.23 guntas from out of Survey No.16 of Maqta Bahadur Ali village, Shamshabad Mandal, Ranga Reddy District, and pay compensation to the petitioners as per law. Heard Sri G.Dhananjai, learned counsel for the petitioners, and the learned Assistant Government Pleader for Land Acquisition, for the respondent. The petitioners claim that they are the joint owners and possessors of agricultural land admeasuring Ac.14.24 guntas in Survey No.6 and Ac.7.21 guntas in Survey No.16 of Maqta Bahadur Ali village, Shamshabad Mandal, Ranga Reddy District, having purchased the same under registered sale deeds in the year 1979. According to the petitioners, an extent of Ac.6.21 guntas was notiﬁed for acquisition under Section 4(1) of the Land Acquisition Act, 1894 (for short “the Act”) for the purpose of construction of International Airport at Shamshabad; and that in the notice received by the petitioners it was stated that an extent of Ac.5.38 guntas is proposed to be acquired out of the total extent of Ac.7.21 guntas. The grievance of the petitioners is that while the award was passed for Ac.5.38 guntas, neither the balance land was returned to the petitioners nor any compensation was paid in respect thereof. No counter-aﬃdavit is ﬁled by the respondent. Sri G.Dhananjai, learned counsel for the petitioners, placed before me a copy of annexure to award dated 21-1-2002, wherein it is shown that in Survey No.16 only an extent of Ac.5.38 guntas, out of Ac.7.21 guntas, is covered by acquisition and award was accordingly passed in respect of the said extent. At the hearing, learned Assistant Government Pleader for Land Acquisition did not deny the claim of the petitioners that award was passed only in respect of Ac.5.38 guntas. She, however, stated that though requisition was made for an extent of Ac.7.32 guntas in Survey No.16, notiﬁcation under Section 4(1) of the Act was issued only for Ac.6.21 guntas as Survey No.16 was found comprised only that much extent; and that the land ﬁnally acquired was only Ac.5.38 guntas and award was passed for the said extent. She also submitted that at the request of the petitioners, reference under Section 18 was made to the civil Court. In view of the admission by the learned Assistant Government Pleader that award was passed only in respect of Ac.5.38 guntas, the petitioners are entitled to take possession of the balance extent of land in Survey No.16, over which they claim title. The petitioners’ claim that they are the owners of Ac.7.21 guntas of land in Survey No.16. If the balance extent of Ac.1.23 guntas or any part thereof is available on ground, the petitioners are entitled to take possession of the same after excluding Ac.5.38 guntas, which was acquired by the respondent and compensation paid to the petitioners. Subject to the above observations, the Writ Petition is disposed of. ------------------------- ----------- C.V.NAGARJUNA REDDY,J Date: 30-9-2008 MNR