THE HON’BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY <+ WRIT APPEAL Nos.752, 753, 979 & 853 of 1999, WRIT PETITION No.16060 of 2002 & WRIT APPEAL No.1550 of 2003 % FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE W.A.752 of 1999: # General Manager, South Central Railway, Rail Nilayam, Secunderabad and another ….Appellants Versus $ D.Vijayalakshmi and 3 others …..Respondents ! Counsel for the Appellant:MR.T.RAMAKRISHNA RAO ^ Counsel for the Respondent Nos.1 & 2: MR.K.V.SATYANARAYANA ^ Counsel for the Respondent Nos.3 & 4: GP FOR LAND ACQUISITION W.A.753 of 1999: # General Manger, South Central Railway, Rail Nilayam, Secunderabad. ….Appellant Versus $ C.Nagendra. rep. by their Power of Attorney Holder C.Kutumba Rao and 4 others …..Respondents ! Counsel for the Appellant:MR.T.RAMAKRISHNA RAO ^ Counsel for the Respondent Nos.1 to 4: MR.M.S.RAMACHANDRARAO ^ Counsel for the Respondent No.5: GP FOR LAND ACQUISITION W.A.979 of 1999: # The District Collector Machilipatnam, Krishna District and another ….Appellants Versus $ D.Vijayalaxmi and 3 others …..Respondents ! Counsel for the Appellant:GP FOR LAND ACQUISITION ^ Counsel for the Respondent Nos.1 & 2: MR.K.V.SATYANARAYANA ^ Counsel for the Respondent Nos.3 & 4: MR.T.RAMAKRISHNA RAO W.A.853 of 1999: # Land Acquisition Officer & Sub-Collector, Vijayawada. ….Appellant Versus $ C.Nagendra and 4 others …..Respondents ! Counsel for the Appellant:GP FOR LAND ACQUISITION ^ Counsel for the Respondent Nos.1 to 4: MR.K.V.SATYANARAYANA ^ Counsel for the Respondent No.5: MR.T.RAMAKRISHNARAO W.P. 16060 of 2002: # Dulipala Venkata Satyanarayana ….Petitioner Versus $ The Land Acquisition-cum-Sub- Collector, Vijayawada and another …..Respondents ! Counsel for the Petitioner:MR.P.R.PRASAD ^ Counsel for the Respondent No.1: GP FOR LAND ACQUISITION ^ Counsel for the Respondent No.2: MR.T.RAMAKRISHNARAO W.A. 1550 of 2003: # General Manager, South Central Railway, Secunderabad and another ….Appellants Versus $ The Secretary to the Government of A.P., Irrigation and CAD Department, Secretariat, Hyderabad and 5 others …..Respondents ! Counsel for the Appellant:MR.T.RAMAKRISHNA RAO ^ Counsel for the Respondent Nos.1 & 2: GP FOR LAND ACQUISITION ^ Counsel for the Respondent Nos.3 to 6: MR.M.S.RAMACHANDRARAO < Gist : > Head Note: ? Cases Referred: 1. AIR 1993 Supreme Court 2517 2. 1998 (4) ALT 554 (D.B) 3. AIR 1966 Supreme Court 1061 4. AIR 1990 Supreme Court 334 5. (1999) 3 Supreme Court Cases 500 6. 2001 (2) SCC 588 7. 2003 (10) SCC 361 8. AIR1970 SC 1576 9. 1972 Supreme Court 1363 10. 2004(1) ALD 287 11. 2007(1) ALT 547 12. AIR 2004 Supreme Court 1904 13. 1993 Supreme Court 1202 14. AIR 1997 Supreme Court 3760 15. AIR 1976 Supreme Court 1645 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT APPEAL Nos.752, 753, 979 & 853 of 1999, WRIT PETITION No.16060 of 2002 & WRIT APPEAL No.1550 of 2003 WRIT APPEAL No.752 of 1999 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/03/1999 in WP No.20360 OF 1996 on the file of the High Court.) Between: 1 General Manager, South Central Railway, Rail Nilayam, Secunderabad. 2 Divisional Railway Manager, South Central Railway, Vijayawada. ..... APPELLANTS AND 1 D.Vijayalakshmi. 2 D.V.Satayanarayana. 3 District Collector, Krishna Dist at machilipatnam. 4 Sub Collector and LA Officer, Vijayawada, Krishna Dist. .....RESPONDENTS Counsel for the Appellant:MR.T.RAMAKRISHNA RAO Counsel for the Respondent Nos.1 & 2: MR.K.V.SATYANARAYANA Counsel for the Respondent Nos.3 & 4: GP FOR LAND ACQUISITION The Court made the following: Form-NIC-OGS/WA { } WRIT APPEAL No.753 of 1999 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/03/1999 in WP NO : 17068 OF 1997 on the file of the High Court.) Between: General Manger, South Central Railway, Rail Nilayam, Secunderabad. ..... APPELLANT AND 1 C.Nagendra. rep. by their Power of Attorney Holder C.Kutumba Rao. 2 C.Kutumba Rao. 3 C.Praveen Kumar. rep. by their Power of Attorney Holder C.Kutumba Rao. 4 C.Pradeep Kumar, rep. by their Power of Attorney Holder C.Kutumba Rao. 5 Sub Collector and LA Officer, Vijayawada, Krishna Dist. .....RESPONDENTS Counsel for the Appellant:MR.T.RAMAKRISHNA RAO Counsel for the Respondent Nos.1 to 4: MR.M.S.RAMACHANDRARAO Counsel for the Respondent No.5: GP FOR LAND ACQUISITION The Court made the following: Form-NIC-OGS/WA { } WRIT APPEAL No.979 of 1999 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/03/1999 in WP NO : 20360 OF 1996 on the file of the High Court.) Between: 1 The District Collector Machilipatnam, Krishna District. 2 The Sub-Collector & Land Acquisition Officer, Vijayawada, Krishna District. ..... APPELLANTS AND 1 D.Vijayalaxmi. 2 D.V.Satyanarayana. 3 The General Manager, South Central Railway, Rail Nilayam, Secunderabad.371. R3 is main WP are not necessary parts of in this petition. 4 The Divisional Railway Manager, South Central Railway Vijayawada. R4 is main W.P. are not necessary parts of in this petition. .....RESPONDENTS Counsel for the Appellant:GP FOR LAND ACQUISITION Counsel for the Respondent Nos.1 & 2: MR.K.V.SATYANARAYANA Counsel for the Respondent Nos.3 & 4: MR.T.RAMAKRISHNA RAO The Court made the following: Form-NIC-OGS/WA {SRAVAN} WRIT APPEAL No.853 of 1999 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/03/1999 in WP NO : 17068 OF 1997 on the file of the High Court.) Between: Land Acquisition Officer & Sub-Collector, Vijayawada. ..... APPELLANT AND 1 C.Nagendra, S/o Late CVP Rao. Rep. by their Power of Attorney Holder, C. Kutumba Rao S/o Late C.V.P.Rao, R/o Gaganmahal Colony, Hyderabad 2 C.Kutumba Rao, S/o CVP Rao. 3 C. Praveen Kumar S/o Late CVP Rao Rep. by their Power of Attorney Holder, C. Kutumba Rao S/o Late C.V.P.Rao, R/o Gaganmahal Colony, Hyderabad 4 C. Pradeep S/o Late CVP Rao Rep. by their Power of Attorney Holder, C. Kutumba Rao S/o Late C.V.P.Rao, R/o Gaganmahal Colony, Hyderabad 5 South Central Railway, Rep. by its General Manager, Hyderabad. .....RESPONDENTS Counsel for the Appellant:GP FOR LAND ACQUISITION Counsel for the Respondent Nos.1 to 4: MR.K.V.SATYANARAYANA Counsel for the Respondent No.5: MR.T.RAMAKRISHNARAO The Court made the following: Form-NIC-OGS/WA {SRAVAN} WRIT PETITION No.16060 of 2002 Between: Dulipala Venkata Satyanarayana, S/o Venkata Subbaiah, R/o H.No.54-14/6-18, Bharath Nagar, Vijayawada. ..... PETITIONER AND 1 The Land Acquisition-cum-Sub- Collector, Vijayawada. 2 General Manger, South Central Railway, Rail Bhavan, Secunderabad. .....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 to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring that the principal Sub-Ordinate judge, Vijayawada has no jurisdiction to entertain and decide the compensation payable for the land admeasuring Ac.1-48 cents covered by NTS.No.2 acquired vide foreone notification dt.26.03.1990 inview of the pendency of the writ appeal 752 and 753/1993 on the file of this Hon'ble Court on the validity of the Award No.11/96 by the respondent and consequently return the reference to the respondent as it has no jurisdiction. Counsel for the Petitioner:MR.P.R.PRASAD Counsel for the Respondent No.1: GP FOR LAND ACQUISITION Counsel for the Respondent No.2: MR.T.RAMAKRISHNARAO The Court made the following: Form-NIC-OGS/WP{MN} WRIT APPEAL No.1550 of 2003 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 15/04/2003 in WP NO : 32745 OF 1997 on the file of the High Court.) Between: 1 General Manager, South Central Railway, Secunderabad. 2 The Divisional Railway Manager, South Central Railway, Secunderabad. ..... APPELLANTS AND 1 The Secretary to the Government of A.P., Irrigation and CAD Department, Secretariat, Hyderabad. 2 The Sub-Collector and Land Azquistion Officer, Mahatma Gandhi Road, Vijayawada. 3 C.Nagender 4 C. Kutumba Rao, 5 C. Praveen Kumar, 6 Pradeep Kumar, .....RESPONDENTS Counsel for the Appellant:MR.T.RAMAKRISHNA RAO Counsel for the Respondent Nos.1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent Nos.3 to 6: MR.M.S.RAMACHANDRARAO The Court made the following: Form-NIC-OGS/WA { } THE HON'BLE SRI JUSTICE V.ESWARAIAH & THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY WRIT APPEAL Nos.752, 753, 979 and 853 of 1999, WRIT PETITION No.16060/2002 & WRIT APPEAL No.1550/2003 COMMON JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) The General Manager, Secunderabad and Divisional Manager, vijayawada of the South Central Railway and Union of India filed the Writ Appeals Nos.752 and 753 of 1999 aggrieved by the common order dated 24.03.1999 passed by a learned single Judge in W.P.20360/1996 and W.P.No.17068/1997 respectively. The same appellants filed Writ Appeal No.1550/2003 against the interlocutory order dated 15.04.2003 in dismissing the WPMP.23679/2002 in W.P.No.32745/1997. 2. Writ Appeal Nos.853 and 979 of 1999 are filed by the Land Acquisition Officer (Sub-Collector), Vijayawada aggrieved by the very same common order of a learned single Judge in W.P.Nos.17068/1997 and 20360/1996, dated 24.03.1999. Thus, these four writ appeals arise out of the common order dated 24.03.1999 made in W.P.Nos.17068/1997 and 20630/1996 at the instance of the South Central Railway, Union of India and Land Acquisition Officer. 3. W.P.No.16060/2002 is filed by Dulipala Venkata Satyanarayana, questioning the jurisdiction of the Principal Suboridinate Judge, Vijayawada in entertaining and deciding the compensation, payable for the land, admeasuring Ac.1.48 cents covered by NTS No.2, acquired by 4(1) notification, dated 26.03.1990, in view of the pendency of the Writ Appeal Nos.752 and 753 of 1999 on the file of this Court questioning the validity of Award No.11/1996 by the Land Acquisition Officer and consequently return the reference to the Land Acquisition Officer. 4. W.P.No.20360/1996 is filed by D.Vijayalakhsmi and D.V.Satyanarayana, respondents in W.A.752/1999, for declaration of the Award No.11/1996, dated 16.08.1996 passed by the Land Acquisition Officer, fixing the compensation as per the market value existing as on 30.03.1980, the date of earlier 4(1) notification and deducting 80% of the value towards developmental charges, as illegal and unconstitutional, and further declare that by operation of Sec.11A of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) the land acquisition proceedings have lapsed, and consequently, direct the Land Acquisition Officer to pass award by reviving the land acquisition proceedings, by issuing fresh notification under Sec.4(1) of the Act in respect of NTS Nos.2, 20, 23 and 27 of Machavaram village, Vijayawada Urban of an extent of Ac.2.28 cents and to fix the market value existing as on the date of fresh notification with all consequential benefits accrued under the amended Act 68 of 1984. 5. W.P.No.17068/1997 is filed by C.Nagendra and three others, respondents 1 to 4 in W.A.No.753/1999, declaring that 4(1) notifications dated 05.11.1979 and 25.01.1990 as illegal, arbitrary and to pass award for payment of compensation as per 4(1) Notification dated 13.01.1997 and to initiate proceedings under Sec.11 of the Act forthwith and to pass award and pay compensation amount to the petitioners. 6. The General Manager, Secunderabad and Divisional Manager, Vijayawada of South Central Railway filed W.P.32745/1997, calling for the records relating to issuance of the notification under Sec.4(1) of the Act in Government Memo No.967, Irrigation & CAD Department dated 15.10.1996, published in A.P.Gazette Extraordinary Part-I, dated 05.12.1996 as illegal, unconstitutional, inoperative and consequential declaration in G.O.Rt.No.140, Transport R & B (Ports) Department dated 25.01.1990 published in A.P.Gazette Notification dated 22.02.1990 as illegal and inoperative. 7. It is the case of the writ petitioners in W.P.17068/1997 that their lands of an extent of Ac.5.10 cents in NTS No.1, Block No.9, Machavaram village, Vijayawada Urban Mandal, Krishna District are sought to be acquired for construction of quarters for the employees of South Central Railway and advance possession was taken on 17.12.1979, even without issuing 4(1) notification as well as Sec.6 Declaration, which was issued later on, notifying an extent of Ac.22.19 cents, out of which, an award was passed for Ac.3.72 cents in NTS No.28, vide Award No.12/84 dated 13.08.1984, and fresh notification under Sec.4(1) was again issued on 25.01.1990, published on 22.02.1990, but no steps have been taken for passing the award. However, in respect of some lands covered under the said notification, an award No.3/1992 dated 18.04.1992 was passed. Again, another notification dated 13.01.1997 was published, but no award was passed. Hence, they seek payment of compensation as per the third notification issued under Sec.4(1) of the Act dated 13.01.1997. Thus, the petitioners/land owners filed writ petitions seeking to declare that the land acquisition proceedings were lapsed by virtue of operation of Sec.11A and to direct the Land Acquisition Officer to pass award by reviving the land acquisition proceedings and issue a fresh notification in respect of their lands. The South Central Railway filed the said W.P.32745/1997 to declare the notifications dated 15.10.1996 in G.O.Rt.No.967 and G.O.Rt.No.140, dated 25.01.1990, as illegal and unconstitutional and to pass awards as per the first notification under Sec.4(1) of the Act, dated 05.11.1979, published on 31.03.1980. The learned single Judge framed the following questions for consideration: 1. Whether the petitioners can seek declaration that the notifications dated 31.03.1980, 22.02.1990 and 05.12.1996 are void on account of unreasonable delay in determining and awarding the compensation to the petitioners; 2. Whether it is open to the Government to issue successive notifications; and 3. Whether vesting of lands under Sec.17(4) of the Land Acquisition Act in the Government is a bar for seeking declaration that the notifications issued under Sec.4(1) of the Act is void on account of unreasonable delay in determining and awarding the compensation’ 8. On the above questions, the learned single Judge held that the vesting of the land in the Government was already completed and declaring the 4(1) notification as void on account of unreasonable delay is only for the purpose of determining the market value. But it has nothing to do with the vesting of the land in the Government and it does not result in divesting of the land vested in the Government, though the vesting becomes without authority of law as the notification under Sec.4(1) ceases to be in operation. However, since the authority is empowered to issue a fresh notification, the Collector has to take fresh steps to issue a notification under Sec.4(1) of the Act to regularize the vesting of the land in the Government. As regards to the contention of the writ petitioners in W.P.20360/1996 to declare the Award No.11/1996 of the Land Acquisition Officer in determining the compensation at the rate of Rs.14.50 ps per sq.yard as ridiculous and contrary to the awards passed in respect of part of the land, awarding compensation at the rate Rs.110/- in 1990 per sq.yard, the learned single Judge held that the 4(1) notifications dated 31.03.1980, 25.01.1990 and 13.01.1997 are void and the petitioners are entitled for compensation according to Sec.4(1) notification to be issued afresh pursuant to the judgment. The Land Acquisition Officer was also directed to take fresh steps to issue notification under Sec.4(1) of the Land Acquisition Act within three months. The writ petitions filed by the Land owners were allowed and the writ petition filed by the Railway was dismissed by the common judgment dated 24.03.1999. 9. The factual matrix of the case is as follows: The Divisional Superintendent, South Central Railway, Vijayawada made correspondence with the District Collector and the Sub-Collector, Krishna District for acquisition of the land of an extent of Ac.21.72 cents in Satyanarayanapuram-Machavaram area, Vijayawada vide letters dated 23.12.1976 and 05.03.1977. The Divisional Manager, South Central Railway addressed a letter dated 20.10.1978 to the Sub-Collector, Vijayawada resubmitting the plans and the schedules to finalise the acquisition proposals early in respect of the land of an extent of Ac.21.72 cents for construction of the Railway Staff Quarters. Accordingly, the Sub- Divisional Magistrate, Vijayawada addressed a letter dated 14.11.1978 to the Divisional Engineer, Railways, expressing his intention to make a joint inspection of the lands proposed for acquisition on 20.11.1978 and requested the Railways to make all necessary arrangements and to take follow up action for the personal inspection. 10. The Sub Collector, Vijayawada addressed a letter dated 02.01.1979 to the Collector, Krishna about submitting the land acquisition proposals by the requisitioning railway authorities and also about the inspection of the land by the Sub-Collector, Vijayawada personally on 20.11.1978 and recommended that the land involved is in a triangle piece and bounded on all three sides by the railway lines and abutting it there are railway quarters in existence and therefore, it is reasonable to make the extent of the said land available to Railway workers for construction of their housing colony and the claim of the agreement holder is not binding as there was no agreement with the owners and there is no registered sale deed. Thereafter, the owners of the land themselves handed over the advance possession of the land to the Divisional Superintendent, South Central Railway, Vijayawada in writing. 11. The Government approved draft notification and draft declaration proposals in G.O.Rt.No.1175, dated 05.11.1979 and Memo No.3340, dated 05.11.1979 and forwarded the same for publication to the Director of Printing. The Gazette publication was made on 31.03.1980 in respect of Ac.22.19 cents. The Railways also pursued the matter with the Urban Land Ceiling Authorities to expedite the matter for finalisation of the land acquisition proceedings. The railways also informed the Sub Collector vide its letter dated 05.02.1983, furnishing the particulars of taking over the advance possession in respect of Ac.7.49 cents from 12 persons on 06.10.1979 and Ac.8.20 cents from six persons on 17.12.1979 and Ac.3.70 cents from 5 persons on 14.03.1980 and total land for which advance possession was already taken is Ac.18.580 and the remaining land of Ac.3.61 cents alone is to be handed over to the railways, for which a clearance certificate from the land ceiling officer is awaited and accordingly, requested the Land Acquisition Officer to expedite the matter. 12. The Land Acquisition Officer passed the award No.12/1984, dated 31.08.1984 for an extent of Ac.3.72 cents. The Divisional Manager, South Central Railway, Vijayawada sent revised proposals for an extent of Ac.16.98 cetns on 28.09.1987. In respect of the said land, draft notification was approved and published in A.P.Gazette on 22.02.1990. Draft Declaration was approved and published in A.P.Gazette on 26.03.1990. The Railway Divisional Manager also informed the Sub Collector, vide letter dated 05.11.1984 stating that out of Ac.22.49 cents, which was proposed for acquisition, Ac.2.165 is the Government land and proposed for alienation. Thereafter, Award No.3/92, dated 18.04.1992 was passed for an extent of Ac.3.88.73. The Divisional Superintendent, South Central Railway sent revised proposals, dated 28.09.1993 for an extent of Ac.5.98 cents of Machavaram village. Pursuant to the orders passed in W.P.28236/1995, dated 31.01.1996, directing to pass award, an Award was passed on 10.08.1996 for an extent of Ac.2.27.5 sq.yards and an Award No.5/96 was also passed on 24.07.1996 for an extent of 315 sq.yards. The fresh notification for an extent of Ac.5.98.63 was approved by the Government under G.O.Rt.No.967, Irrigation and CAD Department dated 15.10.1996. 13. The landowners i.e. C.Nagendra and three others whose lands were notified in the notification dated 05.12.1996 for an extent of Ac.5.10 cents in NTS No.1 filed W.P.17068/1997 to pass award and pay compensation amount as per the notification dated 15.10.1996. The two writ petitioners i.e. D.Vijayalakshmi and D.V.Satyanarayana, landowners, whose lands were acquired, vide Award No.11/1996, dated 16.08.1996 filed W.P.20360/1996 to issue fresh notification and fix the market value existing as on the date of the fresh notification for their lands for an extent of Ac.2.28 cents. The Railways also filed W.P.32745/1997 to quash the notification in G.O.Rt.967, dated 15.10.1996 with regard to Ac.5.98.63. The Land Acquisition Officer and the Railway Authorities, both filed these four writ appeals, aggrieved by the common order passed in W.P.Nos.20360/1996 and W.P.17068/1997. While admitting the writ appeals, this Court directed to maintain status quo and therefore, no further action has been taken pursuant to the orders of the learned single Judge. 14. The undisputed facts are that 4(1) notification, dispensing with Sec.5A enquiry by invoking the special powers under Sec.17(4) notifying the land for acquisition of an extent of Ac.22.19 cents was approved in G.O.Rt.No.1175, dated 05.11.1979 by the Government and the same was published on 31.03.1980. The advance possession was given by the landowners to the railway authorities prior to the issuance of Sec.4(1) notification. There is no dispute that Collector never took possession of the said land before or after issuance of Sec.4(1) notification. It is also not in dispute that an Award No.12/1984 was passed on 31.08.1984 for an extent of Ac.3.72 cents by the Land Acquisition Officer. Later on, after amendment of the Land Acquisition Act by Act 68 of 1984, the Divisional Superintendent, South Central Railway, sent fresh proposals, vide his letter dated 28.09.1987 to the Land Acquisition Officer to initiate fresh proceedings under Land Acquisition Act for acquisition of remaining extent of Ac.16.98 cents. Thereafter, a fresh notification under Sec.4(1) of the Act was published in A.P.Gazette on 22.02.1990, but no award has been passed, even after publication of the draft declaration on 26.03.1990. In respect of notification dated 22.02.1990 also, advance possession was given by the landowners to the revenue authorities on 14.03.1980 of an extent of Ac.18.58 cents, without prejudice to their claims for compensation. But the Collector never took possession of the said land under the Act. The statements obtained by the railway authorities are to the effect that possession delivered on 14.03.1980 has nothing to do with the regular acquisition of the land by initiating proceedings under the Land Acquisition Act and without prejudice to their claims for compensation. In other words possession was taken de hors the Land Acquisition Act. Within two years of notification under Sec.4(1) of the Act, no award has been passed. But, however, an Award No.3/1992 was passed on 18.04.1992 in respect of Ac.3.88 cents. Thereafter, the Divisional Superintendent, South Central Railway sent revised proposals for acquisition of Ac.5.98 cents of Machavaram village and the petitioners in W.P.20360/1996 the subject matter of which in W.A.752/1999 filed W.P.28236/1995 to pass award forthwith and to pay compensation in respect of their lands of an extent of Ac.2.28 cents, and the said writ petition was disposed of by order dated 30.01.1996, directing the revenue authorities to deposit the amount forthwith to enable the Land Acquisition Officer to pay 80% of the compensation to them within one month from the date of receipt of the said order and also to pass an award within two months thereafter. 15. Award Nos.5 and 11/1996 were passed to the small extents of 315 sq.yards and Ac.2.27.5 cents respectively. Thereafter, fresh notification dated 15.10.1996 for acquisition of Ac.5.98.63 was approved in G.O.Rt.No.967. The petitioners in W.P.20360/1996 wanted payment of compensation by issuing fresh notification in respect of their lands to an extent of Ac.2.28 cents by setting aside the earlier notifications and the awards. The Railway authorities also questioned the issuance of second and third notifications by filing W.P.32745/1997 and sought for a direction to set aside the Sec.4(1) notification issued on 22.02.1990 and 4(1) notification issued in G.O.Rt.No.967, dated 15.10.1996. The said writ petition has been dismissed, against which, no writ appeal has been filed and the same has become final. 16. First notification under Sec.4(1) of the Act, published on 31.03.1980 was approved in G.O.Rt.No.1175, dated 05.11.1979 and no award was passed within two years, but the award No.12/1984 in respect of Ac.3.72 cents was passed on 31.08.1984. Though Award No.11/1996, dated 16.08.1996 in respect of Ac.2.27½ cents was passed pursuant to the second notification, dated 22.02.1990 the Land Acquisition Officer held that the earlier 4(1) notification dated 31.03.1980 holds good in view of the judgment of the Honourable Supreme Court of India in the case of Satendra Prasad Jain v. State of U.P.[1] and took market value as per the first notification after deducting 50% towards developmental charges. 17. Sri T.Ramakrishna Rao, learned Standing Counsel for South Central Railway and Union of India as well as the Government Pleader for Land Acquisition contended that respondents 1 and 2 in W.A.752/1999, who are petitioners in W.P.20360/1996 filed W.P.28236/1995 seeking to pass of an Award, which was disposed of on 30.01.1996, directing the railway authorities to deposit 80% of the compensation amount and to pass award within two months, and the said order was questioned in W.A.Nos.503/1996 and 504/1996 by the railways and pursuant to the directions