HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31429 of 2011 Date: 29.11.2011 Between: Payilla Yadi Reddy ..... Petitioner AND The Govt of A.P., Reptd by its Principal Secretary (Land Acquisition), Hyderabad And two others. .....Respondents Counsel for the Petitioner: Sri T.C.Krishnan Counsel for the Respondents: AGP for Land Acquisition The Court made the following: ORDER: This Writ Petition is filed for a Certiorari to quash award No.C/72/2009, dated 16.11.2011, of respondent No.2. The petitioner is the owner of Ac.0.20 guntas of land in Adibatla Village of Ibrahimpatnam Mandal, Ranga Reddy District. The said land is notified for acquisition for laying approach road by the Andhra Pradesh Industrial Infrastructure Corporation Limited. Following the notification issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), Form-3 notice, dated 29.11.2010, was issued under Section 5-A of the Act, inviting objections from the petitioner and other land owners. In his affidavit, the petitioner is silent as to whether he filed his objections in response to the said notice or not. However, it is the pleaded case of the petitioner that in response to the notice, dated 11.04.2011, issued under Sections 9(3) and 10 of the Act, he has filed his objections on 04.07.2011. His grievance is that despite the said objections, the respondents have passed award on 16.11.2011. Learned Assistant Government Pleader for Land Acquisition, representing the respondents, on instructions, submitted that even though the petitioner has received Form-3 notice, no objections were filed in the enquiry under Section 5-A of the Act and that, as no other land owners have also filed their objections, declaration under Section 6 of the Act was made and published on 18.03.2011 and thereafter, notice under Sections 9(1) and 10 of the Act were issued. She further submitted that after considering the claims made in response to the said notice, the award was passed on 16.11.2011. Sri T.C.Krishnan, learned counsel for the petitioner, submitted that the respondents have failed to consider the petitioner’s objections made in response to the notice issued under Sections 9(1) and 10 of the Act. It is not the pleaded case of the petitioner that he has filed his objections to the proposed acquisition of land in response to Form-3 notice. The owner of the land or any person interested therein is entitled to file objections, opposing the proposed acquisition, in the enquiry to be held under Section 5-A of the Act. Once such objections are not filed and a declaration is made under Section 6 of the Act, it is not permissible for the land owner or any person interested therein to raise objections as to the proposed acquisition at the award enquiry stage in response to the notices issued under Sections 9(1) and 10 of the Act. The nature of enquiry at that stage is only as to the quantum of compensation, the measurements of the land and the persons who are entitled to receive the compensation. Therefore, the petitioner who failed to file his objections at an appropriate stage namely at the stage of enquiry under Section 5-A of the Act, cannot be permitted to question the proposed acquisition at the award enquiry stage. In this view of the matter, I do not find any merit in the Writ Petition and the same is, accordingly, dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.39005 of 2011 filed by the petitioner for interim relief is dismissed as infructuous. _____________________________ C.V.NAGARJUNA REDDY, J 29th November 2011 DR