THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.31459 of 2010 ORDER: In this writ petition, the petitioner seeks a direction by way of Mandamus to the respondents to cancel the notification, dated 09.09.2009, issued under section 4 (1) of the Land Acquisition Act and all consequent notifications of Bodduvalasa village of Regidi Amudalavalasa Mandal. It is the case of the petitioners that they are the owners and possessors of the lands covered by Sy.Nos.67/4A, 67/5A and 71/1B of Bodduvalasa village, Regidi Amudalavalasa Mandal, Srikakulam District. While that being so, the 1st respondent issued 4(1) notification, which was published in the Gazette on 09.09.2009, acquiring the lands of the petitioners and also the lands of some other persons, for the purpose of construction of flood bank. The grievance of the petitioners is that though their lands to an extent of Ac.0.37 cents, Ac.0.09 cents and Ac.0.10 cents were sought to be acquired under 4(1) notification, the respondent authorities have actually taken possession of their lands admeasuring Ac.0.45 cents, Ac.0.20 cents and Ac.0.35 cents respectively, whereas less extents of lands belonging to respondents 4 and 5 were taken possession than actually notified extents of their lands. It is also the grievance of the petitioners that the number of trees lost by them due to acquisition are also more in number than what the respondents mentioned in the gazette and that the possession of their lands were taken much prior to issuance of 4 (1) notification. Hence, this writ petition. On instructions, the Government Pleader for Land Acquisition submits that award enquiry is still pending and, in spite of issuing notices; the petitioners have not responded to it and also not participated in the award enquiry. It is further submitted that if the petitioners feel that more extents of their lands were taken possession than the notified extents of their lands, it is always open to them to bring the same to the notice of the respondent authorities in the award enquiry proceedings, which is still pending. It is also submitted that even after passing of the award, if there are any disputes with regard to extent of lands or quantum of compensation, there are remedies provided under Land Acquisition Act. In view of the above, the grounds urged by the petitioners cannot be construed as genuine grounds to order for cancellation of 4(1) notification published in the Gazette as early as on 09.09.2009 and all subsequent consequential proceedings and, therefore, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. However, it is open to the petitioners to file claim petitions, claiming compensation for the extent of lands lost by them due to acquisition, before the concerned authority. No order as to costs. __________________ R.SUBHASH REDDY,J 16.12.2010 v v